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Home My WebLink About4.0 - Port Theater Alcohol Service - PA2014-019 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT August 11, 2014 Meeting Agenda Item 4 SUBJECT: Port Theater Alcohol Service - (PA2014-019) 2905 E. Coast Highway • Conditional Use Permit No. UP2014-030 • Amendment No. 1 to OL2012-004 APPLICANT: Pand Realty LLC PLANNER: Makana Nova, Assistant Planner (949) 644-3249, mnova@newportbeachca.gov PROJECT SUMMARY A Conditional Use Permit superseding Minor Use Permit No. UP2012-009, for the Port Theater, to allow alcohol service to be served throughout the theater (both the first and second level) during cinematic screenings with no age restrictions. The applicant also requests an extension of hours for alcohol service until 1:00 a.m., daily. The Port Theater currently has a Type 47 (On-Sale General) Alcoholic Beverage Control License with food service at a landmark theater. The existing theater operates from 8:00 a.m. to 2:00 a.m., daily, with alcohol service from 8:00 a.m. to 11:00 p.m., daily. Due to the late hours of operation, approval of an amendment to the Operator's License by the Newport Beach Police Department will be required. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Conditional Use Permit No. UP2014-030 superseding UP2012-009 to operate the Port Theater (a landmark theater) in conjunction with entertainment, a Type 47 (On-Sale General) Alcoholic Beverage Control License, and food service (Attachment No. PC 1). 1 INTENTIONALLY BLANK PAGE Port Theater Alcohol Service Planning Commission, August 11, 2014 Page 2 VICINITY MAP xR=+. vt� g� Subject Property si SC� iT. p3 fop a J_20M SY. BSB 0 x9Q+ P o 1! a 6 � •7f °$ .: e•Apr, � .� ''s S S N � � ti1fO "All S i � �F \k\S PVE \\1\ \I.c_.�y♦ .5 GENERAL PLAN ZONING y b, i ♦ ♦I O .. ♦t n+ � ♦ ..n i .n ♦ o V p W / N '♦4 V♦ N^ ♦ N♦o, ♦ � 'y� NYY N y , bN Y ye.♦' ccon nv `�I NYr N V'< «ens p N4 b 4. a bib Ny b" NNe y b' LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE CC (Corridor CC (Commercial Landmark theater Commercial Corridor CC (Corridor CC (Commercial NORTH Commercial Corridor) Retail and office CC (Corridor CC (Commercial SOUTH Commercial Corridor) Retail and office EAST CC (Corridor CC (Commercial Retail and office Commercial) Corridor CC (Corridor CC (Commercial Restaurant, single-family, and WEST Commercial) and RT Corridor)and R-2 (Two- (Two-Unit Residential) Unit Residential) two-unit residential units 3 INTENTIONALLY BLANK PAGE Port Theater Alcohol Service Planning Commission, August 11, 2014 Page 3 INTRODUCTION Project Setting The subject property is bounded by East Coast Highway and Heliotrope Avenue. Office and retail uses are located along East Coast Highway to the north, south, and east. An existing restaurant and residential units are located to the west of the subject property. The property is 8,205 square feet (approximately 0.19 acres) in area and is developed with a 10,893-square-foot landmark theater. No parking is provided on-site. Background The existing building has historically been utilized as a theater. According to County records, the building was originally constructed in 1949 and contained over 900 seats without the benefit of on-site parking. Both live and cinematic performances were historically held at the theater. The theater closed in 1998 and remained vacant for over a decade. The Port Theater was remodeled and reopened in July of 2012 and is allowed to operate pursuant to Section 20.38.070 (Landmark Structures) of the Zoning Code. The remodeled theater is consistent with the requirements of the Landmark Structures ordinance where parking demand, seating, and occupant loads are below that prior to the remodel of the theater. On-site parking was not required for the theater use to resume in 2012. Additionally, live entertainment and private events are consistent with the principal use of the theater since these uses occurred on a regular basis as part of the business operation of the theater prior to 2003. The theater was remodeled in 2012 as a luxury theater with mobile leather seats and has a maximum occupancy of 350 persons. Up to 12 events per year can exceed the 350 person occupant load with the approval of a special event permit. The theater has six varying floor plans approved for the first level that allows flexibility for a variety of events. Five of the lower level plans provide seats ranging from from 108 seats to 300 seats. The sixth plan is standing area only and allows a maximum of 500 people (although they must maintain no more than 350 people without a special event permit). The gross floor area of the theater is 10,893 square feet, the interior seating areas total 7,491 square feet, and the entry lobby is 1,366 square feet in area. The theater provides a bar and concession stand within the main lobby and 46 fixed seats on the mezzanine that includes a second bar and concesssions stand. Minor Use Permit No. UP2012-009 (PA2012-070) was approved by the Planning Commission on December 6, 2012, which authorized a Type 47 (On-Sale General) alcoholic beverage license for theater screenings and public events. The existing theater hours are 8:00 a.m. to 2:00 a.m., daily, with alcohol service currently allowed from 8:00 a.m. to 11:00 p.m., daily. The Minor Use Permit approval limits alcohol sales and consumption to the mezzanine for all age screenings and events. There is no restriction on the location or consumption of alcohol for 21 and over screenings and events. 5 Port Theater Alcohol Service Planning Commission, August 11, 2014 Page 4 Alcohol service for private events (e.g., weddings, private parties, etc.) is not limited and the use is regulated as a principal use of the landmark theater under the Municipal Code. As a condition of approval, the Planning Commission required an Operator License because the theater has business hours past 11:00 p.m. and live entertainment is allowed. On March 26, 2013, Operator License No. OL2012-004 (PA2012-178) was approved by the Chief of Police. Project Description The applicant, Pand Realty LLC, is now requesting to allow alcohol service to be served throughout the theater (both the first and second level) during cinematic screenings with no age restrictions. The applicant has requested a business operation model similar to Island Cinemas within Fashion Island, where alcohol is served from concession areas or directly to patron seats during cinematic screenings. Alcohol service during cinematic screenings and public events are currently limited to the mezzanine or to screenings or public events for patrons 21 years of age and older. The applicant also requests an extension of hours for alcohol service until 1:00 a.m., daily. Due to the late hours of operation, approval of an amendment to the Operator's License by the Newport Beach Police Department will be required. If approved, the requested Conditional Use Permit and Operator License amendments would supersede these prior approvals. DISCUSSION Consistency with General Plan/Coastal Land Use Plan/Zoning The site is designated CC (Corridor Commercial) by the General Plan Land Use Element, the Coastal Land Use Plan, and the Zoning Code. These designations are intended to provide for areas appropriate for a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The existing landmark theater is consistent with these designations and is a permitted use within the CC Zoning District. The proposed alcohol service is also consistent with these land use designations. Inasmuch as this subject property is located within the Coastal Zone, this request to serve alcohol is not considered an intensification of the existing theater use. The Zoning Code requires a conditional use permit for food service uses with alcohol service with late hours past 11:00 p.m. However, the code is silent regarding alcohol service within theaters. The Community Development Director determined that a conditional use permit was the appropriate discretionary permit application for the 0 Port Theater Alcohol Service Planning Commission, August 11, 2014 Page 5 proposed use. The Type 47 license issued by the Department of Alcoholic Beverage Control is the same issued to restaurants. Findings Alcohol Sales In order to approve a use permit for alcohol sales, the Planning Commission must find that the use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales). In accordance with this Section, the Planning Commission must make the following finding for approval of a new alcoholic beverage license: 1. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales of the Zoning Code. The purpose and intent of Section 20.48.030 (Alcohol Sales) is to preserve a healthy and safe environment for residents and businesses by establishing a set of consistent standards for the safe operation of retail alcohol sales establishments. In finding that the proposed use is consistent with Section 20.48.030 (Alcohol Sales) of the Zoning Code, the following criteria must also be considered: a) The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. b) The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. c) The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. d) The proximity to other establishments selling alcoholic beverages for either off- site or on-site consumption. e) Whether or not the proposed amendment will resolve any current objectionable conditions. The establishment is located within Police Department Reporting District 44 (RD 44), which includes Corona del Mar. For a map of the City of Newport Beach Reporting Districts, see Attachment No. PC 5. A summary of alcohol related statistics from 2013 is provided in Attachment No. PC 6. The crimes rate, DUI/drunk arrests, and calls for service were higher than the two adjacent reporting districts. However, the crime rate in RD 44 for 2013 was lower than the Citywide crime rate. The higher crime rate within this reporting district in comparison 7 Port Theater Alcohol Service Planning Commission, August 11, 2014 Page 6 to adjacent districts is largely due to the number of visitors to Corona del Mar, the fact that East Coast Highway bisects the reporting district, and Corona del Mar State Beach draws thousands of visitors annually. Additionally, there is a higher concentration of restaurants and commercial uses in RD 44, compared to adjacent districts, which are predominantly if not completely developed with residential or institutional uses. From December, 2012, through July 7, 2014, the Police Department reported eight calls for service to the theater. Of these calls for service, two were alcohol related. Residences are located 60 feet west of the subject property on Heliotrope Avenue. The project site is not located in close proximity to a daycare center or hospital. Sherman Gardens is located approximately 780 feet to the north. Corona del Mar State Beach and the Oasis Senior Center are located approximately 1,500 feet to the west and east, respectively. The nearest church, Our Lady of Mount Carmel Church, is located 375 feet to the northeast on Heliotrope Avenue across East Coast Highway. The nearest school, Harbor View Elementary School, is located 1,000 feet to the northeast. The theater is surrounded by other commercial retail and office uses along East Coast Highway. The location of the theater is in close proximity to several establishments with alcohol licenses including Port Restaurant, The Place, Pirozzi, and Mayur. There are 28 total alcohol licenses within RD 44 and the alcohol statistics indicate an over concentration of alcohol licenses. However, due to the type of license, a formal finding of public convenience and necessity is not required by the Department of Alcoholic Beverage Control to be made by the City. The Police Department does not object to the proposed changes to the cinema operation as requested by the applicant. However, the Police Department suggests that the current restrictions on hours and service areas continue for events other than cinematic screenings. Currently, alcohol service must end at 11:00 p.m. is limited to the mezzanine or is permitted throughout the theater if screenings and public events are limited to patrons over 21 years of age. The Police Department recommends that these requirements continue to apply for all events other than cinematic screenings (e.g., plays, pageants, live entertainment, etc.). Refer to Attachment No. PC 7 for a copy of the Police Department Recommendation. The recommended conditions require all employees serving alcohol to be at least 21 years of age and receive ABC-required Licensee Education on Alcohol and Drugs (LEAD) training. Additionally, the Police Department will also require a security plan with provisions for licensed security personnel, security personnel attire, and a ratio of one security personnel to every 50 patrons. The security plan will also address enhanced control of noise, loitering, litter, disorderly conduct, parking/circulation, and other potential disturbances resulting from the establishment. Staff believes the applicable finding can be made and that it is appropriate to allow the changes to alcohol service for cinema operations because it was originally designed to accommodate a theater use and will be conditioned to remain consistent with this 2 Port Theater Alcohol Service Planning Commission, August 11, 2014 Page 7 primary use. While the proposed establishment is located in close proximity to other businesses selling alcoholic beverages, staff believes the physical and operational characteristics of the establishment would make the service of alcoholic beverages acceptable. The expanded service of alcoholic beverages during cinematic screenings would provide additional menu options for patrons and would enhance the economic viability of the business. The draft resolution includes conditions of approval to minimize alcohol related problems and ensure that the use remains compatible with the surrounding community. Use Permit Findings In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits), the Planning Commission must also make the following findings for approval of a conditional use permit: 1. The use is consistent with the General Plan and any applicable specific plan. 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger,jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. The proposed use is consistent with the General Plan, Local Coastal Program-Coastal Land Use Plan, and Zoning Code. Although the number of crimes and ABC licenses are higher than adjacent districts, the crime rate for RD 44 is lower than the Citywide crime rate. The statistics relative to adjacent districts are directly attributed to the large commercial district located in RD 44, East Coast Highway, and the number or visitors to Corona del Mar State Beach. The existing theater is in the heart of the Corona del Mar commercial area and is a permitted use consistent with the landmark structures ordinance. The theater will maintain its current occupant loads with or without alcohol service and a security plan will be provided to the satisfaction of the Police Department. Emergency access and all required utilities are provided. 9 Port Theater Alcohol Service Planning Commission, August 11, 2014 Page 8 Alcohol service will be provided as a convenience to the public and provides additional choices for patrons. Staff is recommending approval given the limited hours of alcohol service for public events, required security plan, designated alcohol service areas, and the fact that the site was a theater and it retains the infrastructure and occupant load for a theater. Staff believes the findings for approval can be made and the facts in support of the required findings are presented in the draft resolution (Attachment No. PC 1). Recommendation Alcohol service will occur within the existing theater, which will be conditioned to minimize the impacts and limit objectionable conditions to the neighborhood. As requested, alcohol service for cinematic screenings would end at 1:00 a.m. to help stagger demand for police services in the area, if necessary. Staff recommends continuing to limit public events, beyond cinematic screenings, to 11:00 p.m. for alcohol service with limited service areas (mezzanine if event is open to all ages or entire theater for events 21 and over) to help ensure that late night operations do not negatively contribute to neighborhood issues within Corona del Mar. Alcohol service for private events is also recommended to continue with no restrictions as the use is regulated as a principal use of the landmark theater under the Municipal Code. Table 1. Port Theater Hours of Operation Existing Requested Recommended Cinema 8:00 a.m. to 2:00 a.m. 8:00 a.m. to 2:00 a.m. 8:00 a.m. to 2:00 a.m, Alcohol Service for Cinema 8:00 a.m. to 11:00 p.m. 8:00 a.m. to 1:00 a.m. 8:00 a.m. to 1:00 a.m. Alcohol Service for Public Events 8:00 a.m. to 11:00 p.m. 8:00 a.m. to 1:00 a.m. 8:00 a.m. to 11:00 p.m. Alcohol Service Regulated by the Regulated by the Regulated by the for Private Events Municipal Code Municipal Code Municipal Code Alternatives The following alternatives are available to the Planning Commission should they believe that the facts are not in evidence of support for the project application: 1. The Planning Commission may suggest specific operational changes that are necessary to alleviate any concerns. If any additional requested changes are substantial, the item could be continued to a future meeting. Should the Planning Commission choose to do so, staff will return with a revised resolution incorporating new findings and/or conditions. 10 Port Theater Alcohol Service Planning Commission, August 11, 2014 Page 9 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission should deny the application and provide facts in support of denial to be included in the attached draft resolution for denial (Attachment No. PC 2). In this case, Minor Use Permit No. UP2012-009 (PA2012-070) would remain in full force and effect. Environmental Review The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed application involves the expansion of on-site alcoholic beverage service hours and service areas within an existing theater. Therefore, the use qualifies for a categorical exemption under Class 1. If denied, projects which a public agency rejects or disapproves are not subject to the CEQA review, pursuant to Section 15270 of the CEQA Guidelines. Public Notice Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of- way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: Ma ana VOva Assistant Planner 11 Port Theater Alcohol Service Planning Commission, August 11, 2014 Page 10 ATTACHMENTS PC 1 Draft Resolution for Approval PC 2 Draft Resolution for Denial PC 3 Applicant's Project Description PC 4 Applicant's Security Plan PC 5 Police Department Reporting Districts Map PC 6 Alcohol Related Statistics PC 7 Police Department Recommendation PC 8 Site Photos PC 9 Project Plans Report.docx:04/0714 12 Attachment No. PC 1 Draft Resolution for Approval 13 INTENTIONALLY BLANK PAGE 14 RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2014-030 SUPERSEDING MINOR USE PERMIT NO. UP2012-009 FOR A TYPE 47 (ON-SALE GENERAL) ALCOHOL LICENSE LOCATED AT 2905 EAST COAST HIGHWAY (PA2014-019) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Pand Realty, LLC, with respect to property located at 2905 East Coast Highway, requesting approval of a conditional use permit. The property is legally described as Lot 1, Block G, Tract 323, in the City of Newport Beach, County of Orange, State of California, as shown on a map recorded in Book 14, Pages 40 and 41 of miscellaneous maps, records of Orange County, California. Excepting therefrom the portion of the 14-foot alley abutting said Lot 1 on the southwest, vacated by the City of Newport Beach. Also excepting therefrom the following: beginning at the most westerly corner of said Lot 1; thence northeasterly along the northwesterly line of said lot, a distance of 50 feet to a point; thence southeasterly along a line parallel with the rear or alley line of said lot and the prolongation thereof to its intersection with the southerly line of said lot; thence westerly along the southerly line of said lot to its intersection with the rear or alley line of said lot; thence northwesterly along said rear or alley line of said lot to the point of beginning. 2. The applicant requests a conditional use permit to supersede Minor Use Permit No. UP2012-009, for the Port Theater, to allow alcohol service to be served throughout the theater (both the first and second level) during all cinematic screenings. The applicant also requests an extension of hours for alcohol service until 1:00 a.m., daily. The existing theater operates from 8:00 a.m. to 2:00 a.m., daily, with alcohol service from 8:00 a.m. to 11:00 p.m., daily. The Port Theater currently has a Type 47 (On-Sale General) Alcoholic Beverage Control License in conjunction with food service at a landmark theater. Alcohol service during shows is currently limited to the mezzanine or to screenings limited to patrons 21 years of age and older. Due to the late hours of operation, approval of an amendment to the Operator's License by the Newport Beach Police Department will be required. 3. The subject property is located within the Commercial Corridor (CC) Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Corridor Commercial (CC-B). 5. A public hearing was held on August 11, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was 15 Planning Commission Resolution No. Ott Page 2 of 12 given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 2. The proposed project involves the expansion of hours and service areas for on-site alcoholic beverage service within an existing theater. Therefore, the use qualifies for a categorical exemption under Class 1. SECTION 3. REQUIRED FINDINGS. Alcohol Service In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit are set forth: Finding A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales of the Zoning Code. Facts in Support of Finding 1. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. The service of alcohol is intended for the convenience of theater patrons. Operational conditions of approval recommended by the Police Department relative to the sale of alcohol will ensure compatibility with the surrounding uses and minimize alcohol related impacts. 2. Due to the high concentration of commercial land uses, the calls for service, crime rate, and number of arrests are greater than adjacent reporting districts containing residential uses. 3. The theater's location in Corona del Mar is in close proximity to sensitive residential land uses. Conditions of approval have been developed to ensure that the design and security of the theater are properly addressed. 4. Several existing restaurants in Corona del Mar provide alcohol service as an amenity to customers. The number of alcohol licenses and the type of alcohol service proposed is typical and expected to be found in a commercial corridor such as Corona del Mar. 5. The movie theater does not have any current objectionable operating conditions. 05-20-2014 10 Planning Commission Resolution No. Ott Page 3 of 12 6. The provision of food service and alcohol sales will not substantially change the operational characteristics of the movie theater. 7. The on-site consumption of alcohol provides a public convenience by allowing the sale of alcohol in addition to other concession items offered for sale. In finding that the proposed use is consistent with Section 20.48.030 (Alcohol Sales) of the Zoning Code, the following criteria must be considered: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 1. The establishment is located within Police Department Reporting District 44 (RD 44). Due to the high concentration of commercial land uses, the calls for service, number of arrests, and crime rate are greater than adjacent residential Reporting Districts. The theater is located in the heart of Corona del Mar and East Coast Highway bisects RD44. Corona del Mar State Beach is also located in this reporting district, which draws thousands of visitors annually. While the crime rate is higher than adjacent residential reporting districts, the crime rate for RD 44 is lower than the Citywide crime rate and the Newport Beach Police Department does not consider the number significant given the type of development within this Reporting District. ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. Due to the high concentration of commercial land uses, the calls for service, crime rate, and number of arrests for RD 44 are greater than for adjacent residential reporting districts; however, the Newport Beach Police Department does not consider the number significant given the type of development within this Reporting District. iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. Residential units are located 60 feet west of the subject property on Heliotrope Avenue. The project site is not in close proximity to a daycare center, hospital, or park. Sherman Gardens is located approximately 780 feet to the north of the subject property. Corona del Mar State Beach and the Oasis Senior Center are located approximately 1,500 feet to the west and east, respectively. The nearest church, Community Church Congregational of Corona Del Mar, is located 375 feet to the northeast of the subject property on Heliotrope Avenue across East Coast Highway. The nearest school, Harbor View Elementary School, is located 1,000 feet to the northeast of the subject property. The proposed use is surrounded by other commercial retail and office uses along East Coast Highway. Corona del Mar is generally characterized by a high number of visitors, in which commercial and residential zoning districts are located in close proximity to one another. 05-20-2014 17 Planning Commission Resolution No. Ott Page 4 of 12 iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. 1. There are four other establishments in the vicinity that provide alcohol service to patrons. These include the Port Restaurant, The Place, Pirozzi, and Mayur. While the landmark theater is located in close proximity to other businesses selling alcoholic beverages, it is a destination point for Corona del Mar, the use is different than other establishments selling alcoholic beverages, and the service of alcoholic beverages is acceptable for this location. v. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. The extended alcohol service hours and service areas are an expansion of the existing cinema operations. There are currently no objectionable conditions on-site related to the service of alcohol for cinematic screenings. Alcohol service for public events other than cinematic screenings will continue to end at 11:00 p.m. with alcohol service areas restricted to the mezzanine. Service will be permitted throughout the theater for 21 and over events. Alcohol service for private events (e.g., weddings, private parties, etc.) is not limited and the use is regulated as a principal use of the landmark theater under the Municipal Code. 2. The theater is adjacent to a highly-traveled commercial area along East Coast Highway. The establishment serves residents and visitors within the vicinity. The expansion of alcohol service hours during cinematic screenings will complement the food service and provide convenience to patrons of the theater. The expanded alcohol service areas will also provide convenience to patrons in the theater who wish to sit in the lower portion of the theater with their families. Conditional Use Permit In accordance with Section 20.52.020.F (Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a conditional use permit are set forth: Finding B. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding 1. The General Plan Land Use Element designates the subject property as Corridor Commercial (CC), which is intended to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The existing landmark theater is consistent with the land uses permitted in the CC land use designation. 05-20-2014 12 Planning Commission Resolution No. Ott Page 5 of 12 3. The expansion of alcohol service for cinematic screenings at the existing landmark theater is compatible with the land uses permitted within the surrounding neighborhood. 4. The food and alcohol concessions for the movie theater are compatible with the existing and allowed land uses in Corona del Mar. 5. The subject property is not part of a specific plan area. Finding C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Facts in Support of Finding 1. The zoning designation for the subject property is Commercial Corridor (CC), which is intended to provide for areas appropriate for a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. 2. The existing landmark theater is a permitted use within the CC zoning district and is consistent with the standards of the Landmark Structures ordinance. Alcohol sales with late hours (after 11:00 p.m.) are allowed upon the approval of a Conditional Use Permit by the Planning Commission. The proposed changes to the alcohol service at the movie theater are compatible with other uses within Corona del Mar. 3. The existing movie theater was constructed in 1949 as a single-screen cinema designed to seat more than 900 people. The theater therefore qualifies as a Landmark Theater under Section 20.38.070 (Landmark Structures) of the Zoning Code. 4. The required off-street parking for the current theater is less than the required off- street parking prior to its remodel when the number of seats was reduced. The proposed amendment does not change or increase the parking requirement. 5. The project has been conditioned to limit objectionable conditions resulting from the service of alcohol at the theater and is required to comply with all applicable Municipal Code regulations. 6. The proposed use is consistent with the standards and permit requirements of Section 20.48.030 (Alcohol Sales) of the Zoning Code. Finding D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 05-20-2014 19 Planning Commission Resolution No. Ott Page 6 of 12 Facts in Support of Finding 1. The allowed uses in the vicinity include residential, retail, office, and restaurant commercial uses. The existing theater with extended alcohol service hours and service areas are consistent with these surrounding land uses. 2. The remodeled theater is consistent with the requirements of Section 20.38.070 (Landmark Structures) of the Zoning Code, where parking demand, seating, and occupant loads are well below that prior to the remodel of the theater. Thus, on-site parking is not required for the theater use to continue. 3. A theater has operated in this location since 1949. The theater was recently remodeled and reopened in July of 2012. The movie theater has provided food service in the past and demonstrated the location's capability of operating as a compatible use with other land uses in the vicinity. The existing alcohol service has been offered for approximately a year and no problems have been brought to the City's attention. 4. Alcohol service for cinematic screenings with the theater will be restricted to the hours between 8:00 a.m. and 1:00 a.m., daily. Alcohol service for all other public events within the theater will be restricted to the hours between 8:00 a.m. and 11:00 p.m., daily. Alcohol service for private events (e.g., weddings, private parties, etc.) is not limited and the use is regulated as a principal use of the landmark theater under the Municipal Code. 5. Alcohol sales will be limited to two concession areas located within the main lobby and mezzanine bar area. 6. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure that the business remains a theater and does not become a bar, club, or tavern. 7. The applicant will obtain Health Department approval. The establishment will comply with the California Building Code and requirements of the Alcoholic Beverage Control Department to ensure the safety and welfare of customers and employees within the establishment. Finding E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities, and Facts in Support of Finding 1. The project site is located within an existing theater building. The lobby and theater screening rooms are designed and developed for food and beverage service. 05-20-2014 20 Planning Commission Resolution No. #f### Page 7 of 12 2. Adequate public and emergency vehicle access, public services, and utilities are provided within the existing infrastructure. The theater renovation was checked for compliance with all life safety requirements during plan check and field inspections. Site access is provided by two public streets. Adequate public and emergency vehicle access, public services, and utilities are provided within the existing tenant space. 3. Tenant improvements are not required for the expansion of hours and service areas for alcohol service within the existing theater. The establishment will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Finding F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger,jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding 1. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. Alcohol service within the theater will serve theater patrons. The proposed establishment will provide alcohol service as a public convenience to the surrounding neighborhood. The service of alcohol will provide an economic opportunity for the property owner to maintain a successful business that is compatible with the surrounding community. 3. Alcohol service for cinematic screenings will not be provided after 1:00 a.m., daily. Alcohol service for all public other events will not be provided after 11:00 p.m., daily, minimizing late night detrimental impacts to the neighborhood. Alcohol service for private events (e.g. weddings, private parties, etc.) is not limited and the use is regulated as a principal use of the landmark theater under the Municipal Code. 4. The proposed changes will not change the principal movie theater use. 5. As a landmark theater, the establishment is not required to provide on-site parking and the proposed amendment does not change or increase the parking requirement. 05-20-2014 21 Planning Commission Resolution No. #### Page 8 of 12 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2014-030 superseding Minor Use Permit No. UP2012-009 (PA2014- 019), subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. This resolution supersedes Planning Commission Resolution No. 1900, which upon vesting of the rights authorized by this Conditional Use Permit, shall become null and void. The facts in support of findings stated in Resolution No. 1900 are hereby incorporated by reference in that they address the overall service of alcohol. PASSED, APPROVED AND ADOPTED THIS 11TH DAY OF AUGUST, 2014. AYES: NOES: ABSTAIN: ABSENT: BY: Larry Tucker, Chair BY: Jay Myers, Secretary OS-20-2014 22 Planning Commission Resolution No. #### Page 9 of 12 EXHIBIT "A" CONDITIONS OF APPROVAL (Conditions required by Minor Use Permit No. UP2012-009, Resolution No. 1900, have been incorporated into the conditions herein) 1. The development shall be in substantial conformance with the approved site plan and floor plans stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. This Conditional Use Permit may be modified or revoked by the Planning Commission upon a failure to comply with the conditions set forth in Chapter 20.48.030 (Alcohol Sales) of the Municipal Code, other applicable conditions and regulations governing alcohol service, or should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 3. Any material change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Conditional Use Permit or the processing of a new use permit. 4. This Conditional Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 5. Should the alcohol license be transferred, any future license holders, operators or assignees shall be notified of the conditions of this approval by either the current licensee, business operator, or the leasing company. 6. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 7. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Conditional Use Permit. 8. The appropriate Orange County Health Department permit is required for food and beverage service. 9. The approval is only for beer, wine, and liquor sales with the service of alcoholic beverages incidental to the theater use as defined in Condition No. 10, below. The type of alcoholic beverage license issued by the California Department of Alcoholic Beverage Control shall be a Type 47 (On Sale General) in conjunction with the theater as the principal use of the facility. 05-20-2014 23 Planning Commission Resolution No. #### Page 10 of 12 10. Alcohol service and consumption for public events shall only be permitted in conjunction with the theater use (cinematic screenings, live entertainment, and other public and private events) and uses authorized by the Landmark Structures Ordinance (Section 20.38.070 of the Newport Beach Municipal Code) as the same may be amended from time to time. At no time shall stand alone alcohol service and consumption be permitted. This condition does not prohibit alcohol service and consumption during show intermissions and other routine breaks in entertainment. The applicant shall not license or grant a concession for the premises to an outside promoter or other event coordinator. 11. During cinematic screenings, the hours of alcohol service shall be from 8:00 a.m. a.m. to 1:00 a.m. Alcohol service during public events outside of normal cinematic operations shall be from 8:00 a.m. to 11:00 p.m. Alcohol service hours for private events shall not be limited under this Conditional Use Permit. Any increase in the hours of operation shall be subject to the approval of an amendment to this Conditional Use Permit. 12. Prior to implementation of this Conditional Use Permit, the operator of the theater shall obtain an Operator License pursuant to Chapter 5.25 of the Municipal Code to ensure the business is operated in a safe manner. The Operator License may be subject to additional and/or more restrictive conditions to regulate and control potential late-hour nuisances associated with the operation of the theater. Future operators are required to obtain an Operator License prior to assuming management of the movie theater. 13. Prior to implementation of this Conditional Use Permit, a comprehensive security plan for the permitted uses shall be submitted to the Newport Beach Police Department for review and approval. 14. For public events, the alcoholic beverage sales concession shall be limited to a maximum of two concession areas; one located at the main lobby and the second located in the mezzanine bar area. 15. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 16. All persons selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. Records of each manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 05-20-2014 24 Planning Commission Resolution No. eft Page 11 of 12 17. A Special Event Permit shall be required for any event or promotional activity that involves more than 350 occupants or operates outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 18. A maximum of one broadcast shall be permitted on the screens in the theater. 19. This approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a new or amended Conditional Use Permit. 20. Alcoholic beverages shall be dispensed, sold, and served in containers that are easily distinguishable from non-alcoholic beverage containers. 21. The sale of alcoholic beverages for consumption off the premises shall be prohibited. 22. No more than two alcoholic beverages shall be sold or served to any one person during a single transaction. The delivery of alcoholic beverages to patrons inside the auditoriums shall be limited to two per patron per screening. Bottle service shall be prohibited with the exception of wine or champagne. 23. All sales or service of alcoholic beverages in the licensed premises shall be made only from the concession bars or servers. 24. During the period of time from the initiation of seating until the completion of the feature presentation, ambient lighting in the auditoriums shall remain at a level sufficient enough to allow a reasonable person to observe patrons who may be consuming alcoholic beverages. 25. Orders from patrons seated in theater seats must be made to the server serving that area and the alcoholic beverages ordered must be personally delivered to the patron by the server who took the order. 26. Servers shall not carry a supply of unordered alcoholic beverages. 27. The petitioner shall post and maintain professional quality signs with lettering no smaller than 2 inches in height that read, "No Alcoholic Beverages Beyond This Point" at all premise exits, subject to approval by the Planning Division. 28. The petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge or cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. This does not include ticket sales or any other fee for the standard movie theater use. 29. There shall be no dancing allowed on the premises at public events. 05-20-2014 2.5 Planning Commission Resolution No. #### Page 12 of 12 30. Strict adherence to maximum occupancy limits is required. 31. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 32. No exterior amplified music, public address speakers, outside paging system, loudspeaker, sound system, or other noise generating device shall be utilized in conjunction with this movie theater, except as may be allowed by a Special Event Permit. 33. The operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the premises and adjacent properties during business hours, if directly related to the patrons of the premises. If the operator fails to discourage or correct nuisances, the Planning Commission may review, modify, or revoke this Conditional Use Permit in accordance with Chapter 20.68 (Enforcement) of the Zoning Code. 34. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting walkways within 20 feet of the premises. 35. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this Conditional Use Permit. 36. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including without limitation, attorney's fees, disbursements, and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the City's approval of the Port Theater Alcohol Service including, but not limited to, Conditional Use Permit No. UP2014-030 (PA2014-019). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 05-20-2014 20 Attachment No. PC 2 Draft Resolution for Denial 27 INTENTIONALLY BLANK PAGE 22 RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING CONDITIONAL USE PERMIT NO. UP2014-030 TO SUPERSEDE MINOR USE PERMIT NO. UP2012-009 FOR A TYPE 47 (ON-SALE GENERAL) ALCOHOL LICENSE LOCATED AT 2905 EAST COAST HIGHWAY (PA2014-019) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Pand Realty, LLC, with respect to property located at 2905 East Coast Highway, requesting approval of a conditional use permit. The property is legally described as Lot 1, Block G, Tract 323, in the City of Newport Beach, County of Orange, State of California, as shown on a map recorded in Book 14, Pages 40 and 41 of miscellaneous maps, records of Orange County, California. Excepting therefrom the portion of the 14-foot alley abutting said Lot 1 on the southwest, vacated by the City of Newport Beach. Also excepting therefrom the following: beginning at the most westerly corner of said Lot 1; thence northeasterly along the northwesterly line of said lot, a distance of 50 feet to a point; thence southeasterly along a line parallel with the rear or alley line of said lot and the prolongation thereof to its intersection with the southerly line of said lot; thence westerly along the southerly line of said lot to its intersection with the rear or alley line of said lot; thence northwesterly along said rear or alley line of said lot to the point of beginning. 2. The applicant requests a conditional use permit to supersede Minor Use Permit No. UP2012-009, for the Port Theater, to allow alcohol service to be served throughout the theater (both the first and second level) during all cinematic screenings. The applicant also requests an extension of hours for alcohol service until 1:00 a.m., daily. The existing theater operates from 8:00 a.m. to 2:00 a.m., daily, with alcohol service from 8:00 a.m. to 11:00 p.m., daily. The Port Theater currently has a Type 47 (On-Sale General) Alcoholic Beverage Control License in conjunction with food service at a landmark theater. Alcohol service during shows is currently limited to the mezzanine or to screenings limited to patrons 21 years of age and older. Due to the late hours of operation, approval of an amendment to the Operator's License by the Newport Beach Police Department will be required. 3. The subject property is located within the Commercial Corridor (CC) Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Corridor Commercial (CC-B). 5. A public hearing was held on August 11, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was 29 Planning Commission Resolution No. #### Page 2 of 3 given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030 (Alcohol Sales), permits are required per Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards). Therefore, the requested alcohol service at an existing landmark theater requires the approval of a conditional use permit based on the requirements for a food service establishment with alcohol service and late hours after 11:00 p.m. The Planning Commission may approve a conditional use permit only after making each of the required findings set forth in Section 20.48.030 (Alcohol Sales) and Section 20.52.020.E (Use Permit, Findings and Decision). In this case, the Planning Commission was unable to make the required findings based upon the following: 1. The Planning Commission determined, in this case, that the proposed Conditional Use Permit for the addition of a Type 47 (On-Sale General) alcohol license to an existing landmark theater is not consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. The proposed project may prove detrimental to the community. 2. The design, location, size, and characteristics of the proposed project are not compatible with the single-family residences and commercial uses in the vicinity. The addition of alcohol service may result in negative impacts to residents and businesses in the vicinity and would not be compatible with the enjoyment of the nearby residential properties. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies the requested Conditional Use Permit to amend Minor Use Permit No. UP2012-009 (PA2014-019). 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. Tmplt:05/16/2012 so Planning Commission Resolution No. #### Page 3 of 3 PASSED, APPROVED AND ADOPTED THIS 11" DAY OF AUGUST, 2014. AYES: NOES: ABSTAIN: ABSENT: BY: Larry Tucker, Chair BY: Jay Myers, Secretary Tmplt:05/16/2012 31 INTENTIONALLY BLANK PAGE S2 Attachment No. PC 3 Applicant's Project Description 33 INTENTIONALLY BLANK PAGE 34 Port Theater 2905 E. Coast Highway Corona del Mar, CA 92625 949.723.6333 www.PortNewport.com June 23, 2014 Ms. Kimberly Brandt Community Development Director Ms. Makana Nova Assistant Planner City of Newport Beach Planning Department 100 Civic Center Drive Newport Beach, CA 92660 Re: Pand Realty, LLC Amendment No. 1 to Minor Use Permit No. UP2012-09 Amendment No. 1 to Operator License No. OL2012-04 Project Description and Justification DBA: The New Port Theater 2905 E. Coast Highway Corona del Mar, CA 92625 Dear Ms. Brandt and Ms. Nova, I am writing to respond to your request #5 in the Incomplete Letter issued for the above application. Each of the points (i. — v.) upon which you requested additional information are outlined below: (i) Explain how food and drinks will he served to patrons of the proposed establishment. Will patrons he served at their seats or will they he required to walk to the concession stand within the Why to purchase food and drinks? Food and drinks are currently purchased at the concession stand within the lobby. Depending on the item ordered and preparation time, patrons are sometimes served at their seat and at other times wait to receive their food and drink in the lobby then take it to their seat themselves. Sometimes a patron will request an item be delivered to their seat halfway through the show, and Port does its best to accommodate these requests. Always, any employee who handles or serves alcohol is required to complete a Responsible Server Training course or Training from Intervention Procedures (TIPS). Customers who are over the age of 21 will continue to have their age verified upon the purchase of any alcoholic beverage. Alcoholic drinks are sold in glassware that are clearly distinguishable from the other non-alcoholic drinks available for purchase. Patrons are not required to purchase any concessions in order to watch a movie. Nonetheless entry into the auditorium is limited to patrons who have purchased a ticket for the movie screening during movies open to the general public. 35 (ii) Describe how turn-over between performances or screenings will function under the proposed business model. How many performances or screenings are proposed per day/night. There will be no change to the current business model as it relates to turn-over between performances or screenings. Currently, all customers exit the theater and premises after a screening and adequate time is given to clean the theater and prepare for another screening. All operational details related to turn over will remain fully consistent with the current use. Additionally, no changes are being requested as it relates to the number of screenings or performances Port can show on any given day. Currently, based on demand (which is determined by the movie being shown and the day of the week), Port has two to four movie screenings per day. As part of this request, Port would like the ability to have the hours of alcohol service consistent with the operational hours of other theaters in the area, which typically are open much later in the evening. In fact, Island Theater can serve alcohol until I:00am. Moreover, Island Theater and Edwards Big Newport 6 on both weekdays and weekends almost always have shows starting as late as 10:30pm, and Lido Theater starts shows as late as 10:00pm. Port would like the ability to compete with these other theaters and offer all the same amenities until 1:OOam as well. Of note, during the duration of time that Port Theater is open, its kitchen is and will continue to be fully operational such that customers can always pair food and drinks with a movie screening. (iii) Identify whether certain floor plans will be utilized for specific types of events. Provide a maximum seat/occupancy count far each event type. Will the standing room occupancy floor plan be utilized under the proposed project?If so,please include an occupancy calculation for this floor plan and identify under which circumstances this floor plan would be used There will be no change in the floor plans or theater use by Port Theater. The City has already determined that the movie theater is physically suitable in terms of the design, location and size of the use. In fact, Port Theater's conditional use permit was just recently approved by the City in December 2012 and Operator's License in April 2013. No changes are being made to the floor plans maximum seat/occupancy count then approved. This request is simply to alleviate the operational advantages given to Port's neighbor Regal cinema and allow Port the same privileges to (1) serve alcohol in a mixed age theater and (2) serve alcohol until 1:OOa.m. These changes were recently given, just after receipt of Port Theater's Conditional Use Permit, to Island Cinema. As discussed in more detail below, Port is requesting the same operational capabilities in its theater that the City granted to the Island Theater so that there is no advantage given by the City to Island Cinema over Port Theater. (iv) Explain the roll of cinema in the operation of the proposed restaurant Will admission fees be charged for movie or show screenings or will screenings and performances function as an accessory use to the restaurant operation. As discussed above, Port Theater received its conditional use permit from the City of Newport Beach in December 2012. No changes are being made in the roll of cinema or food beverage from the uses just recently approved. Port is simply requesting to revise the conditions limiting patrons under 21 from sitting in the same level of the auditorium Page 2 of 4 3C as those over 21 during times alcohol is served and to increase the hours in can serve alcohol until 1:OOam. Both these requests are operational capabilities granted by the City of Newport Beach to Island Cinema. In order to level the playing field between these competing theaters, and to allow Port to compete on equal footing, it is requesting these revisions. Of note, Port receives numerous customer complaints from patrons that they cannot have all ages in the theater at the same time. Customers with mixed ages in their group decline to see movies at Port because they are not allowed to sit together and instead see movies at Island Theater. Port Theater is losing goodwill in the community because customers are unhappy that they cannot sit with their friends and family if a member is under 21 and alcohol is being served. As an example, a recent Yelp review reads, "The theater is fantastic...I also don't like that they have to separate the bar into the top or bottom, one being 21+ and the other side not allowing alcohol. Too many times we haven't been able to sit where we want with our drinks because of this separation." In the end, it hurts Port Theater's business and reputation that it cannot offer the same amenities as Island 7, including alcohol service in a mixed age theater. Thus, this and later service of alcohol until 1:OOam, same as given to Island Theater, are the only revisions requested by Port. There will be no changes to the role of cinema, and it is still fully anticipated that admission fees will continue to be charged. (v) Identify the maximum number of employees on-site during the hours of operation for the establishment As a luxury theater, Port is heavily invested in providing excellent customer service to each patron that comes through its doors. As such, Port errors on the side of overstaffing for movie screening and events. The number of employees on-site is determined by the number of patrons. It can range anywhere from three (3) to eighteen (18) employees. Conclusion Since receipt of its Conditional Use Permit in December 2013 and Operator's License in April 2014, Port Theater has operated successfully and enhanced its operations and policies to ensure that it is providing the best service possible to its guests and surrounding community. As the only local independent theater, owned and operated within Newport Beach, Port has built tremendous good will since it re-opened the landmark Port Theater in late 2012. The Port Theater has been a treasured part of the Corona del Mar community since 1949 but was almost slated for demolition before its current restoration. Since re-opening,under its current ownership, it has attracted a strong customer base (mainly in the 35 — 65 year old range) by seeking to provide the ultimate movie experience that elicits customer loyalty. In its first year, it has been competitive with Regal, the ownership of which operates over 500 theaters throughout the country. However, the current restrictions placed on Port Theater detract from patrons' experience and Port Theater's ability to provide a great movie environment the same as Regal can provide less than two (2) miles away. Some members of the local community have voiced their dissatisfaction regarding the age related constraints that prevent them from sitting with their Page 3 of 4 S party and thus require them to visit Regal instead of Port, their local community theater. An example is posted on Port Theater's Yelp page and detailed in the answer to your questions (iv) above. Thus, in order to alleviate the operational advantages given to its neighbor Regal cinema, Port is requesting the same privileges to (1) serve alcohol in a mixed age theater and (2) serve alcohol until 1:OOa.m. Ultimately, the discrepancy between the privileges granted to Island Theater and the limitations placed on Port Theater are affecting Port's ability to succeed in the community. As the only independent theater in Newport Beach, the support of the City (or at least the same privileges as those given to other similar users) is requested by Port so that it can continue to compete and thrive. Port Theater has made a substantial investment in the Corona del Mar community and believes that it offers a unique venue in that in addition to its regularly programmed movies, it can also serve as a foram for special events, such as the Night at the Oscars, which was hosted by the Newport Beach Public Library at the theater on February 20, 2013. Ultimately, Port believes that the requested operational changes and modified uses of the existing Minor Use Permit will benefit customers, the surrounding Corona del Mar residences, and the local business community. As the only local independent theater, owned and operated within Newport Beach, Port is heavily invested in the success of Corona del Mar and Newport Beach, in maintaining the support of its community, and wants the ability to offer its neighbors and guests the best services possible. Currently, the larger chains that are not locally operated have been afforded better business conditions, and we are requesting the ability to equalize these conditions. In 2013, Port serviced 25,000 Orange County customers, the majority of which were from Newport Beach. Each requested modification is consistent with the uses of Regal, the surrounding businesses, and will allow Port to better compete with Regal and offer the local and regional residents a unique entertainment option and community gathering center. In the end, Port hopes to remain a community landmark and staple for another sixty-four (64) years and beyond. If you have any questions or concerns regarding the application, please do not hesitate to contact me, Jessica Prause, by phone at (949) 640-0801 or by email at inrausegpicoco.com. Sincerely, The rteat essica Prause, Esq. Page 4 of 4 38 Attachment No. PC 4 Applicant's Security Plan 39 INTENTIONALLY BLANK PAGE 40 �mv Port Theater �� 2905 E. Coast Highway a '3 Corona del Mar, CA 92625 I 949.723.6333 i F I www.PortNewport.com June 23, 2014 Ms. Kimberly Brandt Community Development Director Ms. Makana Nova Assistant Planner City of Newport Beach Planning Department 100 Civic Center Drive Newport Beach,CA 92660 Re: Port Theater Security Plan Dear Ms. Brandt and Ms. Nova, I am writing to respond to your request #6 in the Incomplete Letter issued for the above application. This Security Plan was created with careful consideration and consultation with relevant authorities and security personnel about how to best run a controlled, organized and safe operation. This plan has been developed to specifically address any security concerns related to the service of alcohol at Port Theater. Port intends to implement and enforce a strict policy to ensure alcohol is never served to minors or any individual already over-intoxicated. This policy will be precisely followed and all staff will be required to learn the policy and sign a form acknowledging that they will comply therewith. The policy contains ten principal safety and security measures as follows, beginning from the very moment guests enter Port Theater: 1. Monitoring of the Entrance to Port Theater 2. Monitoring of the Entrance to the Interior Theater Screening Area and Upstairs 3. Staff and Management Training to Ensure Point-of-Sale Compliance with all Alcohol Laws, Rules and Regulations 4. Strict Consequences for Staff Non-Compliance 5. In-Theater Monitoring of Alcohol Consumption 6. Lighting 7. Containers/Service 8. Security Technology 9. A Partnership with the Police, City and Community 10. A Significant Monetary Investment. Each safety and security measure enumerated above is described on the following pages in detail. Careful consideration was given in developing and defining these measures to ensure a safe and transparent operation of Port Theater. 1. Monitoring of the Entrance to Port Theater. The only way patrons are allowed to enter Port Theater is through doors directly in front of the concession counter, an area always staffed with employees during working hours. As such, Port employees can visually see each person enter the premises and monitor or end any suspicious activity. Additionally, the theater has a number of security cameras strategically located throughout the property to provide maximum surveillance capabilities of employee and patron activity. 2. Monitoring of the Entrance to the Interior Theater Screening Area and Upstairs. As a second safety and security measure, Port Theater staff will manage access of persons to the interior theater where movies are screened, as well as the upstairs, during public events. This will allow Port Theater staff to visually identify any minors attempting to gain access to these areas during times where alcohol is served and thus serve as an initial precautionary measure. 3. Staff and Management Training to Ensure Point-of-Sale Compliance with all Alcohol Laws,Rules, and Regulations. As a third safety and security measure, alcohol will be served only from trained servers and bartenders who are twenty-one (21) or over. All servers and bartenders will undergo appropriate alcohol service training including training on how to properly examine identification prior to the serving of alcohol to ensure that only those patrons who are twenty-one (21) or over will be served. The training will be by a certified program meeting the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body which the State of California may designate. Records of each employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. Port will also screen staff for past violations of selling, serving or supplying age- restricted products to minors and refuse to hire any staff member with a previous violation of this sort. Moreover, Port will have a strict "No ID, No Service"policy not allowing alcohol service to any person who it believes may be under the age of twenty-one (21) and cannot produce a valid ID proving they are of age to consume alcohol. Employees will also be required to read Port's written policy regarding service of alcohol and sign an acknowledgment form that they will comply in fultwith this policy. Thus, the first defense in preventing alcohol service to anyone underage or becoming intoxicated will be Port's bartenders, servers and management. Each will be trained (with the training documented) to identify patrons who are underage or visibly becoming intoxicated, or becoming loud, obnoxious, or "looking for trouble." Port will also train all staff in basic non-confrontational methods to reduce, or to cut such people off from further drinking. Port will not condone the presence of visibly intoxicated persons and will ensure its staff is fully trained in various forms to immediately identify any attempts to use Port as a place to become over-intoxicated or attempt to procure drinks by any underage patron. Involved staff will be trained to deal with these situations and will immediately alert other servers, bartenders, security and management of any developing situation in order to ensure it is immediately quelled and resolved. Page 2 of 4 42 4. Strict Consequences for Staff Non-Compliance. As a fourth safety and security measure, staff will be strictly required to comply with all state and federal laws, city ordinances, and rules set forth by Port pertaining to alcohol service. Port will have a zero tolerance policy for any staff member knowingly breaking the law by serving underage persons. Port may terminate any staff member knowingly breaking the law in this matter. The offending person will be suspended immediately while an investigation of the offence is undertaken. If Port reasonably believes the person in question was responsible or a party to any prohibited service of alcohol, that person may be terminated and the authorities may be notified if applicable. Written warnings, suspensions,.and terminations may all be used for less serious rule violations (i.e., not requiring identification from any guest appearing under 30, even if over 21). Port managers will be ultimately responsible for staff actions and can be given sanctions such as termination if infractions occur, even on a limited basis. The possibility of loss of income and prosecution are huge deterrents for staff and will help to ensure that all laws, ordinances and rules are strictly followed. 5. In-Theater Monitoring of Alcohol Consumption. As a fifth safety and security measure, the Port Theater staff will monitor in theater the consumption of any alcoholic beverages on a regular basis and no less than once every thirty (30) minutes. Additionally, as discussed above, the theater has a number of security cameras strategically located throughout the property to provide maximum surveillance capabilities of employee and patron activity. 6. Lighting. As a sixth safety and security measure, Port will ensure that there is ambient lighting in the designated auditorium where alcohol is sold at a level sufficient to allow a reasonable person to observe patrons who may be purchasing alcoholic beverages. 7. Containers/Service. As a seventh safety and security measure, Port will serve alcoholic beverages in containers which significantly differ in appearance from those containers utilized for non- alcoholic beverages. This does not preclude the service of alcoholic beverages in their original containers, such as a bottle of beer. However, beer will not be served in containers exceeding 16 ounces. 8. Security Technology. As an eighth safety and security measure, security technology will be used to aid Port in its efforts to prevent underage drinking and maintain safety. As previously mentioned, Port has high-definition security cameras placed throughout the theater. These cameras are web based and time stamped to help with monitoring alcohol consumption by management not present on the theater floor. Obviously, no alcoholic beverages will be permitted outside of Port Theater's premises at any time. Thus, in addition to all the foregoing, there will also be video surveillance capabilities in all areas where alcohol is consumed and served. Page 3 of 4 43 9. A partnership with police, city, and the community. As a ninth safety and security measure, Port will work with the police, city, and the community to improve its security plan and move forward. Port will proactively involve the authorities as a partner to help formulate the best practices and to help educate its staff. Port will attempt to set up annual or biannual meetings with the police to discuss the best possible way to monitor and enforce rules that prevent any improper consumption of alcohol. Port will also not tolerate problem patrons and will seek trespass warrants when necessary for those individuals who cannot obey Port's law and rules. As a community conscious business, Port believes that the primary key to its success will be community acceptance. As such, Port will attend any neighborhood or city meetings upon request to get the community's input on any concerns and will formulate solutions to those concerns. Port welcomes any input the city, police, fire chief, mayor or any neighbors have to offer to improve any security concerns while allowing Port to offer its patrons a first class theater experience. 10. Significant Monetary Investment. As a tenth safety and security measure,'a significant monetary investment by Port will be made into security and responsible alcohol service training. The technology portion alone is already implemented and significant funds have been spent for equipment, software, and service just for set up, with additional maintenance costs into the future. The labor cost will be ongoing with expenses varying due to the volume of guests. Port will ensure that it is always properly staffed such that a proper number of servers,bartenders, and concession employees are available to properly care for and monitor each guest. The maximum number of employees on-site during the hours of operation for the establishment will not be limited, and Port will provide whatever number of employees is necessary to properly monitor its theater and guarantee top customer service to each guest. Moreover, Port will invest significant monies into security and responsible service training and certifications along with licensing for bartenders. 11. Conclusion. Port considers its responsibility to its patrons and the Newport Beach community to provide exceptional service and a clean, safe environment a top priority. Our ultimate goal is to operate Port Theater in the most transparent and responsible way possible. With this in mind, we developed this security plan to ensure that we can operate a successful business and contribute to the safety and welfare of the commercial corridor and community in which we operate. If you have any questions at all about any of the above, please do not hesitate to contact me. Sincerely, TThe Po Th e Jos ' rause, Esq. Page 4 of 4 Attachment No. PC 5 Police Department Reporting Districts Map 45 INTENTIONALLY BLANK PAGE 40 1 l Reporting Districts Newport Beach Police Department t ti. GP�34J %f PON Effective Jan t,2008 �� QG jj UPPER 11 K� NEWPORT E �. 3AIYII 35 CANALt 1 1-� o �2� 36� 540 32 17 51�' � C 54th ST� 16 � j ;( r 39 61 37th ST22 Q 13 43� 47 �� ✓OAQUIN 64 ` 20th ST r 12 48 7th STx B ST� 11 6 , W Z N %J t BUCK /f r W E GULLY / 46 G 5 MORNING 67 J i „,n=3000 feet CANYON PACIFIC OCEAN as 1 CRYSTAL COVE mays CRYSTAL COVE STATE PARK STATE PARK S UeozOm ReOortogO,stAds_11%L].mxU INTENTIONALLY BLANK PAGE 42 Attachment No. PC 6 Alcohol Related Statistics 49 INTENTIONALLY BLANK PAGE 150 NEWPORT BEACH POLICE DEPARTMENT oG*' Crihn&Analys&k UYLX Chet lay aJohnson 870 Santa Barbara Drive-Newport Beach -CA 92660-949.6443791 2013 CRIME AND ALCOHOL-RELATED STATISTICS Calls For Crimes Arrests Citations ABC Info Service Part I Crimes Part 11 Crimes Crime Rate All Arrests DUl Public Liquor Law Alcohol Active License Per Subject: Intoxication Related Licenses Capita 2905 E Coast Hwy 8 0 1 not applicable 1 0 1 0 0 1 not applicable Subject RD: RD44 6,100 122 167 1,904.17 129 22 27 0 85 28 729 Adjacent RD: RD43 797 24 31 1,248.70 28 5 2 0 4 11 384 Adjacent RD: RD45 "41 7 16 344.49 10 0 0 0 2 3 677 Newport Beach 92,431 2,305 3,404 2,699.82 3,191 445 584 7 852 394 217 California 1,128,845 not available 2,994.92 1,183,470 104,345 99,017 15,904 not available 44,536 836 In""WTV91 National ....t a 8 nblc 10,266,737 not available 3,294.93 12,408,899 1,215,077 534,218 500,64notavalloble not applicable not applicable Summary for Port Theater at 2905 E Coast HwV (RD44) In 2013,RD44 had a total of 289 reported crimes,compared to a city-wide reporting district average of 150 reported crimes. This reporting district is 139 crimes,or 93%,OVER the city-wide average. The number of active ABC licenses in this RD is 28,which equals a per capita ratio of one license for every 229 residents. Orange County averages one license for every 420 residents and California averages one license for every 836 residents. This location is within an RD that is OVER the Orange County and OVER the California per capita averages of ABC licenses. Notes: Part I Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Report-Homicide,Rape,Robbery,Aggravated Assault Burglary,Larceny-Theft,Auto Theft,and Arson. This report reflects City of Newport Beach data for calendar year 2013, through December 31. California and National figures are based on the 2011 Uniform Crime Report,which is the most recent edition. Crime Rate refers to the number of Part I Crimes per 100,000 people. Number of Active ABC Licenses is the total of all types of licenses known to the NBPD as of the date of this document. 3/17/2014 51 Additional Information Calls for Service �. 2905 E Coast Hwy Vandalism CITIZEN/AGENCY ASSIST 1 Burg/Theft From Auto DRUNK DRIVER 2 DRUNK IN PUBLIC 1 Highest Volume Crime in INJURY REPORT 1 RD43 KEEP THE PEACE 2 Burg/Theft From Auto TRAFFIC COLLISION NO INJ 1 Grand Theft Highest Volume Crime in RD45 Burg/Theft From Auto NEWPORT BEACH POLICE DEPARTMENT S, CK"IR,Amo yl,skUn t- Chief lay R.Johnson 870 Santa Barbara Drive-Newport Beach•CA 92660-949.6443791 CRIME AND ALCOHOL-RELATED STATISTICS - 2012 YTD Calls For Crimes Arrests Citations ABC a Service Part I Crimes Part 11 Crimes Crime Rate All Arrests DUI Public Liquor Law Alcohol Active License C P1 Subject: Intoxication Related UcenLses Capi Port Theater 1 0 0 not applicable 0 0 0 0 0 1 notoppllcoble Subject RD: RD44 3,662 100 169 1,560.79 132 19 40 2 0 26 246 Adjacent RD: 539 15 14 780.44 12 4 1 0 0 5 384 RD43 Adjacent RD: 379 15 15 738.19 6 0 2 0 0 3 677 RD45 Newport Beach 56,867 1,856 2,863 2,173.91 342 670 14 0 394 211 California nw ,,O.ble 1,128,845 not ovoiloble 2,994.92 1,183,470 104,345 99,017 15,904 not amllable 44,536 836 National no�o.olloblc 10,266,737 not available 3,294.93 12408,8999 1,215,077 534,218 500,648 notawlloble not applicable not applkable Summary for Port Theater at 2905 E. Coast Hwy. (RD44) For 2012 YTD,RD44 had a total of 269 reported crimes,compared to a city-wide reporting district average of 124 reported crimes. This reporting district is 145 crimes,or 117%,OVER the city-wide average. The number of active ABC licenses in this RD is 26,which equals a per capita ratio of one license for every 246 residents. Orange County averages one license for every 504 residents and California averages one license for every 836 residents. This location is within an RD that is OVER the Orange County and California per capita averages of ABC licenses. Notes: Part 1 Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Report-Homicide,Rape,Robbery,Aggravated Assault,Burglary,Larceny-Theft,Auto Theft,and Arson. This report reflects City of Newport Beach data for 2012 YTD. California and National figures are based on the 2011 Uniform Crime Report, which is the most recent edition. Crime Rote refers to the number of Part I Crimes per 100,000 people. Number of Active ABC Licenses is the total of all types of licenses known to the NBPD as of the date of this document. 11/28/2012 53 Additional Information for 2012 Burglary/Theft From Motor Vehicle � Burglary/Theft From Motor Vehicle Burglary/Theft From Motor Vehicle 415M 0 ,55'4 NEWPORT BEACH POLICE DEPARTMENT NewP""r .... CK~Awalysi�kL(nit _ Chief Jay R.Johnson 870 Santa Barbara Drive- Newport Beach- CA 92660-949.644.3791 �•t.o.�`" CRIME AND ALCOHOL-RELATED STATISTICS - 2011 Calls For Crimes Arrests Citations ABC Info Service Part I Crimes Part 11 Subject: Intoxication All DUI Public Liquor Law Alcohol Active License Per Port Theater 1 0 0 not applicable 0 0 0 0 0 1 not applicable Subject RD: 4,459 121 209 1,888.56 185 29 47 1 74 26 246 RD44 Adjacent RD: RD43 660 23 25 1,196.67 20 5 1 0 2 5 384 Adjacent RD: RD45 411 25 20 1,230.31 Il 6 3 0 8 3 677 Adjacent RD: RD47 506 18 15 528.63 15 6 0 0 1 3 1,135 Newport Beach 66,374 2,405 3,343 2,816.95 3,177 643 654 7 1,245 394 217 California notaw0able 1,146,072 not amilable 3,076.38 1,357,573 195,276 105,388 17,007 notavoiloble 44,536 836 National not owllable 10,329,135 notavoiloble 3,345.52 13,120,947 1,412,223 560,718 512,790 notavailable not applicable not applicable Summary for Port Theater at 2905 E. Coast Hwy. (RD44) In 2011,RD44 had a total of 330 reported crimes,compared to a city-wide reporting district average of 152 reported crimes. This reporting district is 178 crimes,or 117%,OVER the city-wide average. The number of active ABC licenses in this RD is 26,which equals a per capita ratio of one license for every 246 residents. Orange County averages one license for every 504 residents and California averages one license for every 836 residents. This location is within an RD that is OVER the Orange County and California per capita averages of ABC licenses. Notes: Part I Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Report-Homicide, Rope,Robbery,Aggravated Assault,Burglary,Larceny-Theft,Auto Theft,and Arson. This report reflects City of Newport Beach data for calendar year 2011,which is the most current data available. California and National figures are based on the 2010 Uniform Crime Report which is the most recent edition. Crime Rate refers to the number of Part I Crimes per 100,000 people. Number of Active ABC Licenses is the total of oll types of licenses known to the NBPD as of the date of this document. 10/30/2012 55 Additional Information �. NNE I •� Burglary/Theft From Motor Vehicle Burglary/Theft From Motor Vehicle SIGNS 1 �• ssnmg . � Burglary/Theft From Motor Vehicle Burglary/Theft From Motor Vehicle 50 Attachment No. PC 7 Police Department Recommendation INTENTIONALLY BLANK PAGE 5g City of Newport Beach Police Department Memorandum May 23, 2014 TO: Makana Nova, Assistant Planner FROM: Detective John Thulin SUBJECT: Port Theatre, 2905 East Coast Highway, Newport Beach Amended Use Permit No. UP2012-009 (PA2014-048) (01-2012- 004). At your request, the Police Department has reviewed the project application for Port Theatre, located at 2905 East Coast Highway, Newport Beach. Per the project description, the applicant is requesting an amendment to Minor Use Permit No. UP2012-009 and Operator License No. OL2012-004 for the Port Theatre to allow alcohol service to be served throughout the theatre (both the first and second level) during shows that are not limited to patrons over the age of. 21. Alcohol service during shows is currently limited to the second floor mezzanine and access to this area is limited to patrons 21 years of age and nlrlar Tha Port ThPatrP mirrantly hnc a TvnP 47 Inn-RaIP (`Pnpml — Pntinn Place) Alcoholic Beverage Control License in conjunction with food service at a landmark theatre. The applicant also requests an extension of hours for alcohol service until 1:00 a.m., daily. The existing theatre operates from 8:00 a.m. to 2:00 a.m., daily, with alcohol service from 8:00 a.m. to 11:00 p.m., daily. I have included a report by Crime Analyst Caroline Staub that provides detailed statistical information related to calls for service in and around the applicant's place of business. This report indicates that this location is within an area where the number of crimes is at least 93% higher than the average of all reporting districts in the City. This location is also within an RD that is over the Orange County per capita of ABC licenses. 59 Lido Theatre UP2014-015 Applicant History The establishment is a movie theatre venue, which was first built in 1949. The facility operated as a movie theatre until 1998 at which time it closed down and remained closed until July 2012 when the current operator, Mr. Fariborz Maseeh of Picoco LLC, performed renovations and re-opened again as a movie theatre. The applicant currently has a Type 47 (On Sale General) Alcoholic Beverage Control License. This type of license authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. This type of license requires that the establishment must operate and maintain the licensed premises as a bona fide eating place. Additionally, the license requires that the establishment must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. The current Minor Use Permit (UP2012-009) was approved by the Planning Commission on December 6, 2012, and the current Operator's License (OL2012- 004) was issued on March 26, 2013. Police Activities and Calls for Service Data The below information represents the time period between December 1, 2012, through July 7, 2014: TYPE CALLS/INCIDENTS NOTES Citizen Assist 3 Assist, keep the peace Public 1 Drunk subject outside theatre (Called in by employee of Intoxication Port Theatre) DUI Drivers 1 Reports of DUI's leaving the loc Miscellaneous 2 Traffic, medical aid Municipal Code 1 Construction noise Recommendations The Police Department has no objection to the operation as described by the applicant when they are operating as a movie theatre. The Port Theatre is located in an RD (reporting district 44) which is over- concentrated (1 ABC license for every 229 residents). Additionally, this RD had a total of 289 reported crimes as compared to a City wide reporting district average of 150 reported crimes (93% above the City wide RD average). Orange County averages one ABC license for every 420 residents and California averages one license for every 836 residents. These statistics would tend to indicate that there is a strong correlation between the over-concentration of ABC establishments and police related activity. The Port Theatre is designed as a venue for cinema and a variety of live theater entertainment such as speakers, plays, or public events such as awards shows. I 2 �D Lido Theatre UP2014-015 The Police Department has concerns in reference to these performances that are outside typical movie theater operations. The combination of live performances, the presence of minors and alcohol service throughout the theater and a large venue attracting approximately 350 patrons will surely have an impact on police related calls for service. The Police Department recommends that during live performances or any activity outside of movie theatre operations, the current use permit remain in place (Alcohol service from 8:00 a.m. to 11:00 p.m., and alcohol service limited to the second floor mezzanine and access to this area would be limited to patrons 21 years of age and older). With the conditions listed below it is the opinion of the Police Department that the Port Theater will not have a negative impact on the community and police services. Signs and Displays Any signs or displays would need to conform to City requirements. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Hours of Operation The existing hours of operation are 08:00 a.m. to 02:00 a.m. daily. Alcohol service during live shows or anything outside of normal theater operations would be from 11:00 a.m. to 11:00 p.m. During movie theatre operations the hours of alcohol service would be from 11:00 a.m. to 01:00 a.m. Security The Police Department reviewed the applicant's proposed security policy (attached). The Police Department recognizes the recent trend of movie theatre venues offering alcoholic beverage service to patrons. The Department also recognizes the Port Theatres intention to operate as a flexible venue by offering live performances and host other special events. Considering the services offered beyond traditional movie screenings the Police Department recommends the applicant's proposed policy should also include a provision for the use of licensed security services. Specifically, the Police Department recommends that clearly identifiable security personnel be employed when alcohol service is permitted in the lower theatre or during live shows. The security personnel should be assigned only to security duties and be trained and licensed according to California Department of Consumer Affairs rules. Attire for security employees should be uniform in appearance, clearly identifying their purpose. Uniform appearance for the purpose of this recommendation, may consist of traditional security uniforms or professional business attire (such as suits, ties, or polo type shirts of the same color). A ratio of one security employee for every fifty patrons is recommended. Security personnel should not undertake other duties, such as 3 (01 Lido Theatre UP2014-015 food service, concession sales or usher duties, which would distract them from their primary duties. Employee Training Require all owners, managers, and employees selling alcoholic beverages to undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. Other Recommended Conditions In addition, the Police Department has determined that the following conditions would be appropriate for the Conditional Use Permit for the business: 1. Approval does not permit Port Theatre to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a use permit. 2. Alcohol service and consumption shall only be permitted in conjunction with theater screenings, live entertainment and other actual events. At no time shall stand alone alcohol service and consumption be permitted. This condition does not prohibit alcohol service and consumption during show intermissions and other routine breaks in entertainment. 3. The sale of alcoholic beverages for consumption off the premises is prohibited. 4. No more than two (2) alcoholic beverages shall be sold or served to any one (1) person at any one (1) time. 5. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed. There shall be no reduced price alcoholic beverage promotions. 6. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 7. There shall be no on-site radio, television, video, film or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved special event permit issued by the City of Newport Beach. 4 02 Lido Theatre UP2014-015 8. There shall be no dancing allowed on the premises. The applicant may apply for Special Event Permit granting an exception to this condition when an event, such as a wedding or other private function, might require such consideration. 9. Strict adherence to maximum occupancy limits is required. 10. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 11.The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. If you have any questions, please contact me at (949) 644-3709. J hn TOh—ullin,D ABCNice/Intelligence Jay Short, Lieutenant tective Division Acting Detective Division Commander 5 03 INTENTIONALLY BLANK PAGE 0 Attachment No. PC 8 Site Photos 05 INTENTIONALLY BLANK PAGE 00 UNIGEUf iECflMddllEESS Q P 1 1 yy o ,�'Ii�4I1Y�4Ii h 1'� �'. � .�>• /� ��'. - / i GAJ �i� s 1 1 � I � I � I 1 1 I � 1 11 I 1 4 y r Exterior of the Port Theater entrance from East Coast Highway Exterior of the Port Theater,taken 07-29-2014 Taken 08-03-12 1 _ Lobby concessions stand, taken 07-29-2014 Food and beverage display case at the lobby concession sta6e taken 11-20-12 II' t t I I O O • � t ins r - . .-. I'I'i�ll�wll ��` IIM�I�, I �lf -OW - low - '� one INTENTIONALLY BLANK PAGE 70 Attachment No. PC 9 Project Plans 71 INTENTIONALLY BLANK PAGE 72 (sl sWa.ix u.rv.a sbl -+a+a to.Iwvlma m,G.°uw w.°v.. 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N I.,ery e<e abn..EMw4 ar p It °.1 : eNb'n ..IM m - imy Cid., ,°alae 111.111 Nan ].`Inmm(00 , ® a rcl itects vIM. wvw.a pa V t0ule wIXAW scuum F[a In mC nal 1 a wnwrt eY mm)veer. a new e.• •n N FF,w IB-1a. - "n erl°Nelnwnl ,e III— °pwrm°enlpacli." ue w ' e" v¢,— rwl<u.l ua,1,e•• •m,m, Yaw Lw .150°1--911 / n IM.mval 1.•nn.'I.-CI � SN Ch IF N.Pmw°IP,en ..m .. v emYzp••sho1I v^r..mI neNWw1 call,•. Ma'Ins-w.,.Z TCwCIII e 1 vi 10ALser-,.+,a.r 1 1eN.>>Pr ak=uw uaamw.E.m I.eklew,m w ..-I n�,a °a„ rPI. a<n.. -,99100:<.< ra Apar Fqw. 1,a°aiq Second Level tp�w'wel n. I Gal, q. W.M.-1 M.n a kN on",I am<In.11[111 nn.sen [-I,•Ilx s.. P�239A.se:11 Ual 1wrwR ( Jaal.ia.lx 11.11110 p LLlnury ant 11.1'°1 q0ePe,Neem,. Palmxn.l a a" ream 5]eWn9 Ywa y.N<°lam,v F° bW`.rmleW 1° mvY pe N m Slim n 0a ° fine (]no) li eYVCOY 1° 010.1�I wxl.. _ y,m la CNC.Iv11m vl5u Ial,01910.le C �<ew, I W +pacniM •worn .p.[eC awe "•I rvw..e wq�n at_.,1. 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In . , PwCw-41.d "' 1 U awt,.ge''9 , x010 Accessibility for Group A Occupancies 1. •T Y N :re Iw1,al<ro.<aWem w u,°aw w -- Section 11048 1oi-, "` Ing amw°C.w pau"I 2. - Accessibility for Group A Occupancies ,'e n • r.,,Na . •. '^•'b1, rwm. we emw N. Per 200] Title 24 Velume 1 CBC Y .w wm' a ..m ° ' <. 2ee 910,.) 1 a ol9Jn smwgan. --w -1 .11,01.0 Dwv.A � w.rhe'. .dm N.w..m rgv.,mwn w s.t w 1111.11 n Ca.on,1,, a wa.n we p°xwmn.. nu IV,awl ) f5wnm 1 - ry1w p.F.]d me 1`.In p,.Cw..IN e.mnib.. ©� m prdCl C ar/ -I.Ilesuar 1111-rt 191111, awl m° m m„mwy 1,w. A Int , ..NI me,s.r.waa..mmw,m<.1u w.m1,,e.m. T,kkal{ Note•TN.Issue,A.u4n a Ev.w..:N".,mer,°�^ pre E M wire,x em.Cwa w ..(II. `^` A Q ,valval v Pa1w1,a nota.. ,sC Iff 1 nl+m Y .�m.IM+ rw.,w.. In w,C br°:fie n I I _ .w - .i� ,wT1bIwm I.- .rmn w„I w, mewl.1 w n,bb mew.al w Iz wN 11.11.t-.fu aba I r In..Inas,1..1..u.. �I 14/pm'- s n• n.'s �xs"It Lwv reds,1.11.4 sawn.Iw 1mn.w I. I.w..o m.-n....wr•.."'.w°'" w"•" -- I ;..•I I ns,p1] m a. „nl w-F.m1,,•wan. ",d.:x��,'q.. mow...w ^�1W?u '11,0d,111,112 I T,a .waw.1 ml eN•Bea°°r lK II / �` a w w... , w .p mr,PI wm Imo of F. _ Int- 91wn n�1 mvv fn My,. a...Ims, pv.e(ler c,.nN..° IIe1B.].] ua. P.NC Crtsw ma u ryg4 w le..panw ° Port East Cast Highway Remodel u.mw.w;.m.mw na,mN •,.'m..yn�SNw`+In °I a `m ae la P"am.am r,°: ,y 2905 East Coast Hl9hweY .�i'oaTm. Cbne rw1 ..,s a en <r aK \{'> e, Newport asset,CA 82825 ...mgNM :1111116 IN-Ire e"e..w..--I IN)Lo I�Wa w V% xa x4: .Irveu°fwl an.:.awl: In° ro [.111 Pd� nt w we Ism le mwpn, CT•OF NEWPORT BEACH gll,8{eF_w_; 1-161 Ise r.m In- In.n. F"C', INJUDINO MPM a. N;p q1,e. a.alr/Aulyxnn.MiNWa- uwq.m .e.COeaeY.. 1 w.00aer j So wenn. Y .. IwP,r.'Ih a 1111 .e.w O p.°.Call a F..azl] G.:w]. Baan .ww^wli.w e wrux. .IIlw„p mor x v a°.maw-,1111-, ppyMINMArON Of uxxEAwxAOLE HAxmreP o a mm r al In <a ml m Pwwa I N•�'•w'• noes, Pa .PFI an amolr`alnn 1.mmeee'(zl w.x 1,w a Pn . `a.'I-In w IN"w`:.a a. .« I T3 r.'-d" . /. foFm pal o- 1 ICY naw 1,l a ..e tr, .. wwq. r Iwlaa •011.9 .XI , 1110 v p3°Ol R En•N m.e1Fq rv°m,N, , I .. . •r•°m. '" mm�a, ar awld[F Yel. m .mw mpq'•Twwy .dnq 111.111 1• u 111. Lam:1 •by.I =sI w. 1,l.[mw: meq-venni-.ewwww m Ies w v I Bb." P..ow.f,.z wppwl v w_CFw°.0 y_F.t_. MI.m In N pra,4LL '+ 1]I.1,acvN<.)E,IUNn9 bl,Iwa,e«11-111 pNll.rm 1 Pnwp Ivnby.I ace„w v]vx..e.pvm,l °Y,°, P.n on,e4+i _-.-..I .. jdpa�sv e a 0}2).Oe P.n G1.a•1 10.0.] feaUP n M wanWY I1au,•one,wlNq a 1.91,0 In WA� pNr E`nw^11,11, °911.0• •n Mw r-C,. m p.rCw wwl m.dw.,.wI wm-.meow In. „w. - w. _ _ A e.mp.n1 w 1,l CBC Leek ws.I s, Nnn Ec m,00s l .2 p A ppe,p0 rf by l., w In T' or N 10111 ria fl.vnlam [w.IIMc I`°`!m wv.9ry _ a]anp•n(.....«NCm, So w n Ic 2 ),Cwr C Im P wN. " aI ... '1 -41191^wb.In the a-M - ape ��m- '• rp�pw.p M�P � W/3 ev .we wmp.nww- ®12]e.0e PFeFp MPI.nWet`m "an• waaye -- vmn,.va_ I. - 05.30• clr , ®ocpaol 2aee1 PI"CP P F w a ..w or warm sew uau fn,m1n) CP .wr�� I. I .. B zAaerOi" or �, om'Y°pOM�:.0 11^1.^+11.. ®,w.pa LaI.t.ym.ItFI mCw F i°:n .I w«a ..II 05.30• clrn p^• pa In ..Iw .w on rrCMYa 1,°I OJ:W NL I PI1ne1,1eY wIn w-u C n..l.r C.1, -(IF awl ®1`°9°• ca,ma Ian. m w N, Ea yI ie me f+11[1,.1. 1111, .,.e v. . m1, a - w1,mmw.l.P)].ueu.0 sw [ wlw n',iris.1,..n a.-.mow m a,1, «v<xm n°.•.,qa.` I INr/F m w. 1 ww- ®a ca..th v e.p...n..b W w,1,r.nC:w..:.ewu.a.111.PC FI ..._-...m.... •..n..,wnep.<.,...w I 2500' clr .,F. a "x I. m°,1,'°-: m bw`: mommy - Pw NM 1.1..1 Wwn lm.w-_-I.-w w010]] vrgalea lead wNtle+ "- -lues rr.. +..•sins F.n..,en by It. Ilwwn 4 . IF e e CItsnCI w.. `.naw:tt mod,.911"..,_Pos'. .y�:z�. -- <w,� mr.n in Exit moa .w-f .1 . �. ma,l ' Jr. Is w... ,Cfmp.,.1 `:qm wdd. m - ]a:s - r _ cw:nw. :rrn .maw . . K11,"`..n°`:[[. -.mss• II:".°F'I'..'w°:'°I.'..°m':1' A.002 ww.nm/Tran _ ]'((NO.f°C])r.f a.I avwiww 53.4' clr .•'z ""' .wLp ..+ vma' 1.>)v.u.n mol «1,l wm.mYilxnP..w]..m). k `P•rm 2 Assembly/Theater Note 3 Hardship Approval Form w�6 1 Exit Diagram rO. ��..m_ .._. u rooRA / IN 9 •t E 5 E NI IS tut`F(xJ P e`I �r a3�x (' -6�'I a Clyv vmt0<o a a.B 14 1� 2 C 123 12 AL�' � LYI.PlolaC119L - on£Ysi C •d{ .'_, f fx0 U "ItlEl, ,It A I (N)AMCI Ee `�7 fa Ined A"Y w. LC 2i C T Li IT 19��ar' Nn{� ssldmee I(c�m 1 lO INITry - -- LSa rC h itccts I dcn pd: 1 V yfp 1 (.Men A: \� LPIOLAW SCNULT2 • r"-I� u9. • i Second Level Ea. n. i..1: s"d,—F,,.,o It.. t—I..o ml t. ...�mll cd`m`U mn. i { c / � r ll x pdq L xl/r v7,1/11 { t II� 41 (EIIP Il arm j`/,I ,waiJl J ,a (s - u ; I Parl Theater Bultlne Ramatlal 30 2905 East Coast Highway x Y " i •n t\ 1 1 \\�] ,p. `{�/ NBwP.rt Ba..h CA 92925 21-21: j 1 Lpbby X^CmY •mia,d umY u Y' y ` \s:111 : a1l=AT.> w:'Ft. "ce '. Lower Level ,:c .1 .-1-1) II mlm,- 1 Y:<p 1, c",a.,,". aas . z I' �u E ,a Actual Occu ant Load s« a sAmcpo:ratlm.Nlaa4nc.r•-6e i .. 5d"„"a'1ad(1a:ox a<u<dul 'b]do wnY..i m.6a p4LV.10 BeYlslln110C B44nMdc4 L s. 05.30' clr Bsd I .'P E .rv• m:m ss <.pd udpnd :<md sirt I, 0 05`.30'1 clro•�,dd"<.Y C _ez`a«.pm ,.1 En.<... . •�7.°a�'�"a<:;,'.°.:as ISI Uva .q w%.F< •.loo.ulmmwam it 19.10' clr F"tto IF m1Y.Xt-.1 1. Main Exit o i.L„.-mn. m1"I P. ti"'P.....a..."Ia le VW.n11,Fs1 ..IYe Y x..a Y.a m.,e..,,« m<.. x ., 42.3' clr x 2 2 1 Exit Diagram (Representative of 108 Seats, re- 203) ••1 b.d..."dSe sl:V n.r O/ Ior IN°<Offim. II4L- . E. C W INI SILL,•1 ] E 5 E Itl F t1r Eton 1 0 -I -6�' °r 1 9 Oe°orvn.nY°n re N Pro IC4iil0. qO 'PD A ll LELwno 'm 11 (NI Anic J ]o ..< Access i i � , © I I � vu e �Oao v� go , wgry E owq 1 m (INI Y YI M E evo� �B to INI 5 o, O NI©le a I Men O i—SI�rcil itecTS O: L..n IAIDLn SCHUM Second Level fo< .bee,,<am.,e e.w •:,r a.<. em) c e aipN (M0 coag). 4 I I /•m 111 Part Theater Building Nemceel 2905 Eesl Coast Highway r' Newport Beach,CA 92625 EMP INI Lahh INI I o P � Bel a�o.r 1 •.wnr,m..r..o,....aaare.ww ara.e�q ,I vasllbb Ito sol ..< y,.o0.m LOW Br Level la< ° a, a iaa 'rigm < r °I +ar rP P 1 + C , uva ry) 011301 PI°C6<g4•1 + .nan.q< avq 9.<],..< ,e.a- a an9< m,Or'N'm r<° q ry gn<eauma UO.uu°gn1a1 Pro, o2,210 Actual Occu ant Load Ste, _ `•o°•a':rccv�"e;,' cox oe n.�cn.x.e E9,z<;war.(I'-.!I)< ®4 swam 11e l Phnm.ce uoulmou. r, ,o ioa"w°m yi a °«' <am"o.aa, �g111.1n co-ao:eP +°,< 05.30" Or _ m.u... i.' AeY i)<"<p0"qm°()Hell x+6rmla) .- 60'/1l .... mlr 05.30" clr« c C m.°m, aawm r°e [9a„w .lu .u,l n•iw•.ua..�o...vn.a s '. 21.40"vlcir m mla.a r ..w eeaee...r..a. PILL Main.Exit 1 1 1 `n;: mo L 1 (n a a v^ AAD2b ae. - o .e ,a<e,. ..,. 46.9' clr 2 Exit Diagram (Representative of 206 Seats,re• 203a1 la.° a" em UtI I'LL, •.r ...rola„ @O -u........._�..�. 1', x �mc4 Iu . ❑_ t I11 nenIs I F(nE Fs�d) / O i v eeirymn° ,y,1 21 P 1tlL�olec oa r.9 .� oC 2. Zt C IEI VVl_wlnn INI Alga I , o.j - r ]a n.m Sm,r _ L... _V/ 21 . IN 9 e L'^, aol •e,a IIT( r.tM� I C! (INI mi 0 y) M E evoe 51 p_ C • - ��TYY L S1Jrchitects a. l ,aapdm .vols �I rneli�. ��.. � 1.nlol.aw saulrz Second Level £a..;..,w.d;uxl,. ,tied,„pr,.]B,...e,.dr,•s]Wlrl r..°p..,,l / 3 (NII a IY I ; A.c II II �'. •J /,/ I \ I �3W1, IEI(PO - (s Porl TM1ealer Bu'Iding HBmotlel mgar/5 f\ "IJ 1 I \ \\J 2805 East Coast Highway NewPorl 6eecM1,CA 82025 war em..d Lower Level . .muv,.e,evuq "'a.—•]dI. .m. p ` d rl nmgn 1 It w.a--lA.p Pdn,n r,c...., , ]]z •dl..,..°d,..r) a.zxoa n.�cm�w.x v.F tual Occu ant Load Yl.-.a. cBc mna to Is'oE."o'.,`(<-TT l'1 m.u.0e e.cn.ps Ac P m A�ylyy J oa.,°.�o n cE, 11-a,w :. -)l)n .6xocdx:d,lI.c 9. xdda r'1'-, -w-". Q,.I]IB Coxowi- IvnNveY I. 05.30•I citlr' y d 05.30°tetra Cm.a,. a 'so a (]Brl I. w. m.) wCed aa.°, 15.00' clrnl•a a )ar° fl or• eIa.w min°el Wrn lw..n. °°nl,arr°a aIll x ex NI... M......I n°x,do•wll, I.. Main Exit V a„ 1 Web o..timed a.°,ve• K.( °dB[ )51) •uwnWV°V PY A•��2e C' ../x ry L 401° clr _ l 2 Exit Diagram (Representative of 205 Seats, re- 203b) 0 (IN)O c) II A E O B / -Ni. B INI are,•1 G E NFcod Errs 'el � fo L P aibo`gA4,ia t>nB'971,.1 C A ']_t 1N ProJoct99 99cea,f¢. IS aecO O i IELY19 C A Q IND AIIIe ' CCB9p _ O I I rp Ve -_ L S❑ O archite Cts nl p,,, W(a 1 IM '" LAIMLAW SCRUM Second Level ( 'N,I °°°, � th, `x i/r i I I � 1 p • l Id i t I 7 , LP-«• � 11I I©: pED �� 1 �\ } ��y jt Part Theater.Edition Remodel ` 1 2905 East Coast Highway "IM,O ..B.ro,Pmrw Beach. 2 ..°»...8 a Ba. a5 NpepBY w ,� `"•"`« �V R:8' 205 W o s�.e," i Lower Level n«.°..«„°,<.,.°,°a:se.«, ,»aop. ,�wepo,m. ,P,<,>��°,r ,Yca�.<„o.. .]..«..pp:.i, p.r°pp•Y) zoue rii .Iiia He,chid u Actual Occupant Load O1:"«°'„<',alcs:l �qms°o au, (A,ue. E9n„afmn`(.�viol le IB05., emrvlcllonv IYIvnnSeG ..1- ats. p4usse'eq me a aooecx ro m o,.qmw 1 05.30''clr it 11- It 05.30' clr tomo°.m. 11 c or ].7 ;n]B., .) 77.70'°clr r so. uvn,�mB,°Yv u„u,np Main Exit°8.w°°” 5 , ea A.002d - moo v 383 �olr n ]. 2 Exit Diagram (Representative of 257 Seats, to.203c) U �r a INI sair IN]Food fees') 1 _ _ I„ enoe`q ,j° nsd'e`4 a„). C A IN Pro II Peel w O O C1 1I I V�Igwlny INI Attie ) Sa "< •u j ,<�<Urnjfie y' . �".- - IN)at-,, IR _ 4 I plies I Ste_] � SI 0 1 o LS �rcl,i2ects :ae Bent © 1 1 Me' I�m,4,. LAIDLA SCHULTZ —Second Level_ •:111,1 `8 1-11..pa I l / LJ "') ( • � 1 1 � 3 1 � }�� 1� INI( leaa s d' ..I') 1 1 : IEI eter an s OI° �/1• Ws it / eons - I A(\ ) .� 'J1 \ \ \ '•� Port Theater Building Remodel 2905 Est coast Highway Newport eeaon CA ezerson III al t. 1 �V �o %aRr...” x.11.0) %mebc4� Lower Level zw."p.°1«pe:nlm,.1<.961 .<r 1�, 1'Ie„n.1 P 1f P�1e 1 c .s <p " .°1.,°.... "1,) tow 1s.nn..nw1<a awe,. �.< .. m°1 .<p " --.,.°°a e°�„)f 1 .. aLR>.aa %,n L1.ecR x1 yrc,a[empvnr°1, aep.a. %,n Gt.G•6 Actual Occupant Loatl .z'�° ca<+np:.10 �� a.1°en ec ° iaas.i .z m a:,,e,e 1oa Twl..U.p. A ua1H 'W'.1m mA tz.mu..c.x°1.1 <° .,mp<°<.1,- �ptoam Cwreoli..e-aL..n..x 05.30' clr r, n, 53 oa 00111.:.4c..°1,) s]«<°p.n,va• ts.- s,-'r alm -.—.n 05:30" clr C u.m., ,.,.1 p ryv.u,y zn,.a. 1n P• m:") m i.e .c.......... in ,v 1761$'pCif n .. a °wn� p1• m°...mai inn a...I.flex,.1.1 14.1,1 w a`a.-... '":-""p°" -w.n.. 1...re a�--,ar Main Exitm. 1411,•1 — , � ep.m uro.t...:1&^1 .1a ,.Iw I. a nI� A.002e ur"°1�.n° , <eczs1 a 1 )r > '/z.>a.RAI` cEiv. I-11 :m.aa 4411., i 2 Exit Diagram (Representative of 300 Seats, re. 203d) 050 Sandwich Prep Refrigerator 083 Scullery Sink 051 Exhaust Hood (New) 083A Faucet, Wall Mount Net Public Area: First Floor - 5,719 sf 052 Exhaust system & Make-up Air (New) 084 Shelf, Wall Mount Second Floor - 1,772 sf 053 Prep Table with sink 085 Trash Receptacle Total - 7 491 sf 0531 Faucet, wall Mount 086 Pot Rack, Wall mount 054 Shelf, Wall mount 087 Clean Dishtable 055 Warmer, Food Overhead 088 Warewasher, High Temp Floor Area 058 Fire System (New) 090 Exhaust system (Assembly w/o 059 Wall Flashing/ Hood Trim 091 Soiled Dishtable Fixed Seats: First Floor - 1,925 sf 092 Pre Rinse Faucet, Wall Mount Occupancy A-1 Assembly w o fixed seats 5 net 060 Refrigerator, Shorty (New) 093 Slant Rack Shelf . . . . . . .. . . . . . P Y - Y / 061 Soap & Towel Dispenser 094 Enclosure Panel Occupant Load - 1,925 /5 =385 Occupants + 43 Seats = 428 Occupants 062 Hand Sink 095 Shelf, Wall Mount Note: 488 Occupants Approved under permit(475 assembly occupants + 13 fixed seats approved = 488 occupants) 063 Walk-In Cooler (10'-0") Remote 096 Fryer, Deep Fat, Gas (New) 064 Evaporator Coil 097 Griddle (36" wide max), Gas (New) 065 Cooler Shelving Plumbing Fixtures: Required per CBC: Lav WC Urinal Provided: Lav WC Urinal 066 Freezer, Reach-in (New) 098 Cheese Melter, Gas Men: 1 1 1 3 3 2067 Bin, Ice 099 Broiler (24" wide max), Under-fired/gas Women: 1 4 0 3 5 0 068 Ice Maker (New) Drinking Fountains: 2 2 069 Filter System, Icemaker 100 Range with conv. oven (New) 070 Dry Storage Shelving 082 Corner Guards Note: All items not noted as (New) are existing 5 Notes 4 Kitchen Appliances I i I � 2 A.300 U6 I 083 / 0 I _ I 084 0831 I _j \y 063 064 \ 069 067 8LS rchitc� t s 070 O65 / LAIDLAW SCHULTZ 7-- 1 17'-3" 095 oez I o62 078'-10" 28'-114„ 9,_52" I � v/' li o37 061 1:: 3'—O" 3:: 3:: - - 21 '-94 7'-74 67'-34 - 3 R T 094 1050 051 _ 052 ,. 088 090 056 A / JI 059 . . ._._, 098 \P d I—Ity �� _._._.. ,;,; q7 — — 091 055 b 4 1 II 099 _I . . .....—.—. . . I �i�i obo . �! 093 — — 098 \. . . . . . . . . . . . . 082 \\ OP . . . . . . . . . . . _ .. . . 066 085 096 I - 7_ / i o u F I --- '1 I� IY71� I I ;fiii:c.�. 0 _ ^ m, o„ ^ oro ., u. - � , o `� (E) air rj r, / St I ffi e \ (N) Kitchen __ I I ,�. � \ / o 105 N � - 03 \ I I . . . . . . . 202 . / II I I I I I I r / 3 053 054 "'x::.... .. \ M o — \ \ I .T" . . . . CIA r'- ..... \ \ 7 :..1........{...:.r::' : \ :::::::::::::::: ......................... . ......................... ......................... ........................ ......................... \ ::.................. . ... .............. .. ................... ........ .:::::... ... .............. .. ..... .............. I I I ............ ..... ............ . +: . . . . : . : . it w, v ::f ..... .-:.:.. ... ...... ' .:.'� :T.:. ' . . . . . . . . . . . . . .1.. . . . . . . I I I I I I co . . . . . . . . . . . . 1. . . . . . . i:i'/:.c.c.''�iii:::v.:iii: . .. . . .:. _ r mm► .'.'. . . . . . I� 4.'.1.'.'.' M / _ :i::':r 'i: : : 'I iii:.¢:'.r:ii:1:'i' `.. . :i:is i: : : : :.. .�.. -i:'li')iiii:. , \ , M PROJECT M =;;;;;;;;4: E;>.; ::;::: ;<;;:1:,;::;:. :... <;<; >; > :: — V Port Theater Building Remodel (E) Proiection ❑ f r:::. i.:: 2905 East Coast Highway 2°1 I / Newport Beach, CA 92625 4'-O" 3 p New Kitchen Scale- 1/4• - 1'-0' - I 2 L : : . ;, QD T; go X17 Is ..J.. .. .......... ........ ... N (E heater eatin O r DRAWING DESCRIPTION (E) Concession _ _ -r-�->� � :::":. ... . . _ _ Construction Floor Plan-Mezzanine Level 204 o:;'; �:;;: :::.:::: :: ::: .. 20 N . :.{.. ......... ..... ..........1 ... \ .... ......... ...... . ...1 ... . . ... ....... ..... .. I \ . . c.c.c. ....-!'. :. #. .-:..1': ".:. . ..-::.:.c.c ' / o DATE ISSUE/REVISION REVIEW (E) Attic Access ... \ \ \ I I ,... .:}::f :i:;:::.;::;:i: ,:::. is ,.,:: .;.. .. I I\ 205 .1. ...... ..... ... .. . \ „I I� 05.29.2012 Use Permit ...... .. ....... :::::::::::::::: -- . .. . .�,:: .. . 08.24.2012 Use Permit 9::...........';:;pl;;. ,I::.;; \ 08.30.2012 Use Permit a.... (E) Stair i ;;:u : :>::: .:: .. ... . L.. ...... :. .... � - / is : : : : : : :1:-�.. .-. '.=: : :::::. ::::: :: :.::i:;;;::':� 11.21.2012 Back Check 206 .....�;..... \ ME/A - I y / I 00 #' : \ ° � \ \ \\ J \ \ ----- ❑ ❑ 1 -- 208 \ \ go L J I 0 \ \ CE) Stair / N Elevat �w2 \ I - i 109 .. — J 106 — —\_j hl� OI.I.I.I. O \ \ I -- ::::e.:::::4.xss:::v. ::v{r I -- Storage 209 :=: ? :; :?:'. r 1 :'sx':':..... ................... / . ... ........ . 207 . .. ....... ..... - - — — — . .. ........................ ........ ........................ F.O. Wall oa a a� oa _ _ v h 7 1J \ }y n ❑ "\ /\ ❑ sl \ \ i� \ --�\-� 12'-3" 5:_22,. 6:_4,: I] I — — r� i I I I I I I I I I I I I I I I ! I I I I I I I I I I 0 ----- C�,==i 1.300 I — I I I I I I A 201a ❑ iiiiiiiiiiiiii \L I North ■ we. I E� ARC SHEET NO. �S y7 N. SCy Tic. v ?P GST C0� All drawings and written material appearing " C-22287 herein constitute original and unpublished work of the architect and may not be duplicated,used or disclosed without the U) March-2013 T written consent of Laidlaw Schultz Architects. -y), RENEWAL �� 3111 Second Avenue 2 Existing Kitchen Scale- 1/41 - 11-01 1 Second Level Construction Plan scale- 1/8, 11-01 �OF CAL\�� Corona del a FCA ax 92625- 2322 9554 www.LSarchitects.com 20 11„�yXr sIJiPPN I I rt ---= I 4'ulwe Ne=M1cnkpl arunxv—pc'Mc rm aro. a 10—uw pn=in ° O .::- ------------___-----------------------------_---------------------------®®.... — — _ _ _.__ _____________________ .® ____._______.__. .__ _____-------- ----------------------------------______.__.__._____.__.__.________.__.__._—_m_.________________._________—____. .. _ —(ct io.caNa✓srs I xv=t crknng GlaRv cercmb w.ro r i cnc=wn i i P=rytr xcaM1'n9 Pe\reen BIIaGq m 4 I PeOuha. ^ I (E)unepr m by Rmnw.a (E)LINE ce ace.sixucNxE T rA. � A ---- LS (x>n\,,.nmpeonk nix-NI archirtects xniotnw sceutrz e I mi®u=.xn N=oa bm=4.na\ \m\mma nam=:m"sn�::ca IE)r.0.EN(M SVB g ______ __________ __ _ xi , _ _(Q 1.0.fCX RErN SW Pm e�ly lIm (N)ectlpnioa irtncl,arvin 2 South Elevation eww v.r•w• ro.mnrim. (N)Nrx=kal NNm p I Na=hvnkol=Pm,Anga �� — Port Theater BWlging-Remodel 28M East Coast Highway n "o"/�� sxa\ "o"\'/ I ——— { Newport Beech,CA 82625 �/ f r - Pr. easPsm2 uv.Poral CI (x)w.nw surpp.. u oasxsoa u..1 � y. maN.mu so,P..-ml oni uen \ 0 --na I mro vmiw.ursry I r (x)OvNN u..I �' m xkdm�Cax� \ -7 A) -u.=m.nrm usm wi L e 't JNk\d FPe1eFM CmW ( is eNaw�rum cwc W r ® (P)vpm a.a-svw m cr,cPr w b.wmew iflm.nm smei ua= a .2,rwbji vwi m,b\m Nv�xuec Ay,�v(4cNa O irm=b'wenl{dw4c MM1i pvin'etl N.a.n..\maa eaR,P A.300 ME 1 North Elevation mN.vx•-ro �� m�� 2 i PmP=�Um Pmp=X,x== 'I i _ IXl 4aM scPma N i � I lM)Inwwa 6lvin sv.=rr I M)Xrsn=mIa wu. i pq Nananlml POMnpa � (inv:mum or Y o�xnaxae \� I „ie.W�rvXaxl (H)ne am,,iyp. jx)Lrsaa xaoa sea mrlLPaa,no o waxs'n�ralm w Xwrn wpeak rlanbp rf«=. ==.eke a yFi6.'iYV. 3' o (r) (n upn 4Tpm 6tl6 LSI .L itects okn a=e Iqw,m uX'e. NloLnw scfluLrz 0 �rsdwr a Can ibmmekn II —M)r.o,mrm soa _ (w smp xxl r/wmp ------------------— q • - e�Ty � �a (X)BNI=mlrse Tare xrvin _ 00 Qeorz Mawpwr r i � 2 west Elevation aP..d.•..o• YmPi'N'Una PepPm�l'Une fukun MCAonkool Ib �� (f)SlpnnOn w Ire Fe kwM. a pmf el lu ury um".1. a _ _IXI 4...... ---� �--I• - (n)urslmd.ol vmk=pe Port neater BuAmne-Remodel Xpmo=Ian maMII Y2805 East Coast MBhway i (rv) syn sw a 'o, �. Newport Bosch.CA 82825 i.lt XOeP — tE)rarsrzk.b xelm= m..vm. qI k TI . � yhli I � �,e ,....ea. •� u.e PmUk I V2 W�oseazouP�� U. A :rol f"' T.v lic cosoars l r : Xwdu v Y$1 url-sa I h 1: I �� I (H)SeM•iW UYnI idlrrry I L I � T.a.uwox i l , ♦ e . i L 1 •I I �L€1 1 - �l 4p a N='-'P j --v M Ttllo�`a Y pen dwk� q, =Ir=,mewl o.rm� @® og m 4 �o (x)Pen=rums we Pprvs enL-PX a a — �e a,ae=fids�e�49nnp. i A.301 a'er=w Perky un. — —f, , Pak Xcwk 4a � 7x)keel c= a:remn s.a Pr«�•m ,, tp eal=�n nl swv e....,.....�a�.. 1 East Elevation aau vv w Additional Materials Received Item No. 4a Port Theater Alcohol Sales PA2014-019 August 6 , 2014 Newport Beach City Council CITY HALL 3300 Newport Blvd. Newport Beach, CA 92658-8915 Re: Port Theater Restaurant& Bar/Project File No.: PA2014-019 Planning Commission and Planning Staff: As the owner of the commercial building located at 2919 E. Coast hwy in Corona Del Mar, which happens to be immediately adjacent to the Port Theater Restaurant&Bar,we wish to comment on this application for extended hours service of Alcohol & live entrainment by the restaurant to 1 am. Port Theater property is located 15-20 feet away from the rear wall of my upstairs apartment. The area has already been impacted by late night customers of the the Port restaurant leaving .The expanded late night sale of alcohol seems inappropriate in this residential neighbor .A comparison was made to the Island Cinema CUP and ability to sell Alcohol to movie customers.This is not a issue in a appropriate all commercial environment with a very well managed Center. All of the common problems of late night alcohol use will begin .The police calls , noisy, loud, customers sometimes relieving themselves as needed on my property when going to their cars in the adjacent parking lot to my upstairs apartment. I am particularly concerned with the special event/parties ,weather private or public being held at the theater when these party goers begin to leave that when all the problems begin on my property. Would you like to be living in this Apartment attempting to sleep? Additional Materials Received Item No. 4a Port Theater Alcohol Sales PA2014-019 My first request is that the expansion be denied as completely unnecessary and inappropriate for the CDM neighbor. The Planning dept has been more than generous in allowing the existing 47 license to be granted with sales of Alcohol to 11 pm. The owners refurbished the theater to be a Theater not a event venue with no„ZERO parking. My Second request is that if the planning dept. would like to grant approval then please place a condition/restrictions on the license that it would be for the movie customers only after I 1 pm and no late night sales alcohol sales for parties ,special events,public or private. Due to the change and late or short notice that the meeting date moved to August 11 12014 I will be out town unfortunately. I Request that proper notice be given allowing residents to attend this very important meeting. Respectfully, Gary Sauter Additional Materials Received Item No. 4b Port Theater Alcohol Sales PA2014-019 WPo�� CITY OF NEWPORT BEACH m9 COMMUNITY DEVELOPMENT DEPARTMENT 100 CIVIC CENTER DRIVE NEWPORT BEACH, CA 92660 cq<<Fos�'P (949) 644-3249 Memorandum To: Planning Commissioners From: Makana Nova, Assistant Planner Date: August 7, 2014 Re: Planning Commission August 11 , 2014-Item No. 4 Revised Draft Resolution A revised draft resolution has been prepared for the Port Theater Conditional Use Permit No. UP2014-030 (PA2014-019). Language edits have been made to Condition Nos. 24 and 33 as suggested by Planning Division staff and the project applicant. Refer to these edits as redlined in the attached resolution. Additional Materials Received Item No. 4b Port Theater Alcohol Sales PA2014-019 RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2014-030 SUPERSEDING MINOR USE PERMIT NO. UP2012-009 FOR A TYPE 47 (ON-SALE GENERAL) ALCOHOL LICENSE LOCATED AT 2905 EAST COAST HIGHWAY (PA2014-019) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Pand Realty, LLC, with respect to property located at 2905 East Coast Highway, requesting approval of a conditional use permit. The property is legally described as Lot 1, Block G, Tract 323, in the City of Newport Beach, County of Orange, State of California, as shown on a map recorded in Book 14, Pages 40 and 41 of miscellaneous maps, records of Orange County, California. Excepting therefrom the portion of the 14-foot alley abutting said Lot 1 on the southwest, vacated by the City of Newport Beach. Also excepting therefrom the following: beginning at the most westerly corner of said Lot 1; thence northeasterly along the northwesterly line of said lot, a distance of 50 feet to a point; thence southeasterly along a line parallel with the rear or alley line of said lot and the prolongation thereof to its intersection with the southerly line of said lot; thence westerly along the southerly line of said lot to its intersection with the rear or alley line of said lot; thence northwesterly along said rear or alley line of said lot to the point of beginning. 2. The applicant requests a conditional use permit to supersede Minor Use Permit No. UP2012-009, for the Port Theater, to allow alcohol service to be served throughout the theater (both the first and second level) during all cinematic screenings. The applicant also requests an extension of hours for alcohol service until 1:00 a.m., daily. The existing theater operates from 8:00 a.m. to 2:00 a.m., daily, with alcohol service from 8:00 a.m. to 11:00 p.m., daily. The Port Theater currently has a Type 47 (On-Sale General) Alcoholic Beverage Control License in conjunction with food service at a landmark theater. Alcohol service during shows is currently limited to the mezzanine or to screenings limited to patrons 21 years of age and older. Due to the late hours of operation, approval of an amendment to the Operator's License by the Newport Beach Police Department will be required. 3. The subject property is located within the Commercial Corridor (CC) Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Corridor Commercial (CC-B). 5. A public hearing was held on August 11, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was Additional Materials Received Item No. 4b Planning Commission AW les A 4- of 12 given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 2. The proposed project involves the expansion of hours and service areas for on-site alcoholic beverage service within an existing theater. Therefore, the use qualifies for a categorical exemption under Class 1. SECTION 3. REQUIRED FINDINGS. Alcohol Service In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit are set forth: Finding A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales of the Zoning Code. Facts in Support of Finding 1. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. The service of alcohol is intended for the convenience of theater patrons. Operational conditions of approval recommended by the Police Department relative to the sale of alcohol will ensure compatibility with the surrounding uses and minimize alcohol related impacts. 2. Due to the high concentration of commercial land uses, the calls for service, crime rate, and number of arrests are greater than adjacent reporting districts containing residential uses. 3. The theater's location in Corona del Mar is in close proximity to sensitive residential land uses. Conditions of approval have been developed to ensure that the design and security of the theater are properly addressed. 4. Several existing restaurants in Corona del Mar provide alcohol service as an amenity to customers. The number of alcohol licenses and the type of alcohol service proposed is typical and expected to be found in a commercial corridor such as Corona del Mar. 5. The movie theater does not have any current objectionable operating conditions. 05-20-2014 Additional Materials Received Item No. 4b Planning Comm issio� Wles A 4- ge3of12 6. The provision of food service and alcohol sales will not substantially change the operational characteristics of the movie theater. 7. The on-site consumption of alcohol provides a public convenience by allowing the sale of alcohol in addition to other concession items offered for sale. In finding that the proposed use is consistent with Section 20.48.030 (Alcohol Sales) of the Zoning Code, the following criteria must be considered: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 1. The establishment is located within Police Department Reporting District 44 (RD 44). Due to the high concentration of commercial land uses, the calls for service, number of arrests, and crime rate are greater than adjacent residential Reporting Districts. The theater is located in the heart of Corona del Mar and East Coast Highway bisects RD44. Corona del Mar State Beach is also located in this reporting district, which draws thousands of visitors annually. While the crime rate is higher than adjacent residential reporting districts, the crime rate for RD 44 is lower than the Citywide crime rate and the Newport Beach Police Department does not consider the number significant given the type of development within this Reporting District. ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. Due to the high concentration of commercial land uses, the calls for service, crime rate, and number of arrests for RD 44 are greater than for adjacent residential reporting districts; however, the Newport Beach Police Department does not consider the number significant given the type of development within this Reporting District. iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. Residential units are located 60 feet west of the subject property on Heliotrope Avenue. The project site is not in close proximity to a daycare center, hospital, or park. Sherman Gardens is located approximately 780 feet to the north of the subject property. Corona del Mar State Beach and the Oasis Senior Center are located approximately 1,500 feet to the west and east, respectively. The nearest church, Community Church Congregational of Corona Del Mar, is located 375 feet to the northeast of the subject property on Heliotrope Avenue across East Coast Highway. The nearest school, Harbor View Elementary School, is located 1,000 feet to the northeast of the subject property. The proposed use is surrounded by other commercial retail and office uses along East Coast Highway. Corona del Mar is generally characterized by a high number of visitors, in which commercial and residential zoning districts are located in close proximity to one another. 05-20-2014 Additional Materials Received Item No. 4b Planning Comm issio� Wles A 4- ge4of12 iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. 1. There are four other establishments in the vicinity that provide alcohol service to patrons. These include the Port Restaurant, The Place, Pirozzi, and Mayur. While the landmark theater is located in close proximity to other businesses selling alcoholic beverages, it is a destination point for Corona del Mar, the use is different than other establishments selling alcoholic beverages, and the service of alcoholic beverages is acceptable for this location. v. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. The extended alcohol service hours and service areas are an expansion of the existing cinema operations. There are currently no objectionable conditions on-site related to the service of alcohol for cinematic screenings. Alcohol service for public events other than cinematic screenings will continue to end at 11:00 p.m. with alcohol service areas restricted to the mezzanine. Service will be permitted throughout the theater for 21 and over events. Alcohol service for private events (e.g., weddings, private parties, etc.) is not limited and the use is regulated as a principal use of the landmark theater under the Municipal Code. 2. The theater is adjacent to a highly-traveled commercial area along East Coast Highway. The establishment serves residents and visitors within the vicinity. The expansion of alcohol service hours during cinematic screenings will complement the food service and provide convenience to patrons of the theater. The expanded alcohol service areas will also provide convenience to patrons in the theater who wish to sit in the lower portion of the theater with their families. Conditional Use Permit In accordance with Section 20.52.020.F (Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a conditional use permit are set forth: Finding B. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding 1. The General Plan Land Use Element designates the subject property as Corridor Commercial (CC), which is intended to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The existing landmark theater is consistent with the land uses permitted in the CC land use designation. 05-20-2014 Additional Materials Received Item No. 4b Planning Commission Wr4% il�les A 4- ge5of12 3. The expansion of alcohol service for cinematic screenings at the existing landmark theater is compatible with the land uses permitted within the surrounding neighborhood. 4. The food and alcohol concessions for the movie theater are compatible with the existing and allowed land uses in Corona del Mar. 5. The subject property is not part of a specific plan area. Finding C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Facts in Support of Finding 1. The zoning designation for the subject property is Commercial Corridor (CC), which is intended to provide for areas appropriate for a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. 2. The existing landmark theater is a permitted use within the CC zoning district and is consistent with the standards of the Landmark Structures ordinance. Alcohol sales with late hours (after 11:00 p.m.) are allowed upon the approval of a Conditional Use Permit by the Planning Commission. The proposed changes to the alcohol service at the movie theater are compatible with other uses within Corona del Mar. 3. The existing movie theater was constructed in 1949 as a single-screen cinema designed to seat more than 900 people. The theater therefore qualifies as a Landmark Theater under Section 20.38.070 (Landmark Structures) of the Zoning Code. 4. The required off-street parking for the current theater is less than the required off- street parking prior to its remodel when the number of seats was reduced. The proposed amendment does not change or increase the parking requirement. 5. The project has been conditioned to limit objectionable conditions resulting from the service of alcohol at the theater and is required to comply with all applicable Municipal Code regulations. 6. The proposed use is consistent with the standards and permit requirements of Section 20.48.030 (Alcohol Sales) of the Zoning Code. Finding D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 05-20-2014 Additional Materials Received Item No. 4b Planning Commission Wr4% it les A 4- ge6of12 Facts in Support of Finding 1. The allowed uses in the vicinity include residential, retail, office, and restaurant commercial uses. The existing theater with extended alcohol service hours and service areas are consistent with these surrounding land uses. 2. The remodeled theater is consistent with the requirements of Section 20.38.070 (Landmark Structures) of the Zoning Code, where parking demand, seating, and occupant loads are well below that prior to the remodel of the theater. Thus, on-site parking is not required for the theater use to continue. 3. A theater has operated in this location since 1949. The theater was recently remodeled and reopened in July of 2012. The movie theater has provided food service in the past and demonstrated the location's capability of operating as a compatible use with other land uses in the vicinity. The existing alcohol service has been offered for approximately a year and no problems have been brought to the City's attention. 4. Alcohol service for cinematic screenings with the theater will be restricted to the hours between 8:00 a.m. and 1:00 a.m., daily. Alcohol service for all other public events within the theater will be restricted to the hours between 8:00 a.m. and 11:00 p.m., daily. Alcohol service for private events (e.g., weddings, private parties, etc.) is not limited and the use is regulated as a principal use of the landmark theater under the Municipal Code. 5. Alcohol sales will be limited to two concession areas located within the main lobby and mezzanine bar area. 6. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure that the business remains a theater and does not become a bar, club, or tavern. 7. The applicant will obtain Health Department approval. The establishment will comply with the California Building Code and requirements of the Alcoholic Beverage Control Department to ensure the safety and welfare of customers and employees within the establishment. Finding E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities, and Facts in Support of Finding 1. The project site is located within an existing theater building. The lobby and theater screening rooms are designed and developed for food and beverage service. 05-20-2014 Additional Materials Received Item No. 4b Planning Commission Vr4% it les A 4- ge7of12 2. Adequate public and emergency vehicle access, public services, and utilities are provided within the existing infrastructure. The theater renovation was checked for compliance with all life safety requirements during plan check and field inspections. Site access is provided by two public streets. Adequate public and emergency vehicle access, public services, and utilities are provided within the existing tenant space. 3. Tenant improvements are not required for the expansion of hours and service areas for alcohol service within the existing theater. The establishment will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Finding F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger,jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding 1. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. Alcohol service within the theater will serve theater patrons. The proposed establishment will provide alcohol service as a public convenience to the surrounding neighborhood. The service of alcohol will provide an economic opportunity for the property owner to maintain a successful business that is compatible with the surrounding community. 3. Alcohol service for cinematic screenings will not be provided after 1:00 a.m., daily. Alcohol service for all public other events will not be provided after 11:00 p.m., daily, minimizing late night detrimental impacts to the neighborhood. Alcohol service for private events (e.g. weddings, private parties, etc.) is not limited and the use is regulated as a principal use of the landmark theater under the Municipal Code. 4. The proposed changes will not change the principal movie theater use. 5. As a landmark theater, the establishment is not required to provide on-site parking and the proposed amendment does not change or increase the parking requirement. 05-20-2014 Additional Materials Received Item No. 4b Planning Commission Wr4% it les A 4- ge8of12 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2014-030 superseding Minor Use Permit No. UP2012-009 (PA2014- 019), subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. This resolution supersedes Planning Commission Resolution No. 1900, which upon vesting of the rights authorized by this Conditional Use Permit, shall become null and void. The facts in support of findings stated in Resolution No. 1900 are hereby incorporated by reference in that they address the overall service of alcohol. PASSED, APPROVED AND ADOPTED THIS 11TH DAY OF AUGUST, 2014. AYES: NOES: ABSTAIN: ABSENT: BY: Larry Tucker, Chair BY: Jay Myers, Secretary 05-20-2014 Additional Materials Received Item No. 4b Planning Commission Wr4% it les A 4- ge9of12 EXHIBIT "A" CONDITIONS OF APPROVAL (Conditions required by Minor Use Permit No. UP2012-009, Resolution No. 1900, have been incorporated into the conditions herein) 1. The development shall be in substantial conformance with the approved site plan and floor plans stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. This Conditional Use Permit may be modified or revoked by the Planning Commission upon a failure to comply with the conditions set forth in Chapter 20.48.030 (Alcohol Sales) of the Municipal Code, other applicable conditions and regulations governing alcohol service, or should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 3. Any material change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Conditional Use Permit or the processing of a new use permit. 4. This Conditional Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 5. Should the alcohol license be transferred, any future license holders, operators or assignees shall be notified of the conditions of this approval by either the current licensee, business operator, or the leasing company. 6. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 7. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Conditional Use Permit. 8. The appropriate Orange County Health Department permit is required for food and beverage service. 9. The approval is only for beer, wine, and liquor sales with the service of alcoholic beverages incidental to the theater use as defined in Condition No. 10, below. The type of alcoholic beverage license issued by the California Department of Alcoholic Beverage Control shall be a Type 47 (On Sale General) in conjunction with the theater as the principal use of the facility. 05-20-2014 Additional Materials Received Item No. 4b Planning Commissio� W�� ++1��110�:t' les of 12 10. Alcohol service and consumption for public events shall only be permitted in conjunction with the theater use (cinematic screenings, live entertainment, and other public and private events) and uses authorized by the Landmark Structures Ordinance (Section 20.38.070 of the Newport Beach Municipal Code) as the same may be amended from time to time. At no time shall stand alone alcohol service and consumption be permitted. This condition does not prohibit alcohol service and consumption during show intermissions and other routine breaks in entertainment. The applicant shall not license or grant a concession for the premises to an outside promoter or other event coordinator. 11. During cinematic screenings, the hours of alcohol service shall be from 8:00 a.m. a.m. to 1:00 a.m. Alcohol service during public events outside of normal cinematic operations shall be from 8:00 a.m. to 11:00 p.m. Alcohol service hours for private events shall not be limited under this Conditional Use Permit. Any increase in the hours of operation shall be subject to the approval of an amendment to this Conditional Use Permit. 12. Prior to implementation of this Conditional Use Permit, the operator of the theater shall obtain an Operator License pursuant to Chapter 5.25 of the Municipal Code to ensure the business is operated in a safe manner. The Operator License may be subject to additional and/or more restrictive conditions to regulate and control potential late-hour nuisances associated with the operation of the theater. Future operators are required to obtain an Operator License prior to assuming management of the movie theater. 13. Prior to implementation of this Conditional Use Permit, a comprehensive security plan for the permitted uses shall be submitted to the Newport Beach Police Department for review and approval. 14. For public events, the alcoholic beverage sales concession shall be limited to a maximum of two concession areas; one located at the main lobby and the second located in the mezzanine bar area. 15. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 16. All persons selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. Records of each manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 05-20-2014 Additional Materials Received Item No. 4b Planning Commissio� W�� ++1��le 11��%##les of 12 17. A Special Event Permit shall be required for any event or promotional activity that involves more than 350 occupants or operates outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 18. A maximum of one broadcast shall be permitted on the screens in the theater. 19. This approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a new or amended Conditional Use Permit. 20. Alcoholic beverages shall be dispensed, sold, and served in containers that are easily distinguishable from non-alcoholic beverage containers. 21. The sale of alcoholic beverages for consumption off the premises shall be prohibited. 22. No more than two alcoholic beverages shall be sold or served to any one person during a single transaction. The delivery of alcoholic beverages to patrons inside the auditoriums shall be limited to two per patron per screening. Bottle service shall be prohibited with the exception of wine or champagne. 23. All sales or service of alcoholic beverages in the licensed premises shall be made only from the concession bars or servers. 24. During the period of time from the initiation of seating until the completion of the feature presentation, ambient lighting in the auditoriums shall remain at a level sufficient enough to allow a reasonable person to observe patrons who may be consuming alcoholic beverages. Existing floor lights in addition to reflected lights from the screen during movies or other on-screen presentations may meet this requirement. 25. Orders from patrons seated in theater seats must be made to the server serving that area and the alcoholic beverages ordered must be personally delivered to the patron by the server who took the order. 26. Servers shall not carry a supply of unordered alcoholic beverages. 27. The petitioner shall post and maintain professional quality signs with lettering no smaller than 2 inches in height that read, "No Alcoholic Beverages Beyond This Point' at all premise exits, subject to approval by the Planning Division. 28. The petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge or cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. This does not include ticket sales or any other fee for the standard movie theater use. 05-20-2014 Additional Materials Received Item No. 4b Planning Commissio� Wl��les �� ++1�� e12of12 29. There shall be no dancing allowed on the premises at public events. 30. Strict adherence to maximum occupancy limits is required. 31. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 32. No exterior amplified music, public address speakers, outside paging system, loudspeaker, sound system, or other noise generating device shall be utilized in conjunction with this movie theater, except as may be allowed by a Special Event Permit. 33. The operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the premises and adjacent properties during business hours, if directly related to the patrons of the premises. if the epeFateF fails to disG,.,,rage OF GeFFeAt , the Plan. ORO GeFAFBiGGie Feview, a Jif.. eke this r.,RditiG—R l i Ise Pe ff it arna.rdaRnp �.yith Chapter 20.68 (F=P' 1) F 11 ZGRiRg Cede. 34. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting walkways within 20 feet of the premises. 35. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this Conditional Use Permit. 36. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including without limitation, attorney's fees, disbursements, and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the City's approval of the Port Theater Alcohol Service including, but not limited to, Conditional Use Permit No. UP2014-030 (PA2014-019). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 05-20-2014 Port Theater Alcohol Service 'flN i tF IAO Planning Commission, Public Hearing, August 11, 2014 �► Conditional Use Permit No. UP2014- 3 0 o PA201 os - � 4- 9) � _- 2905 East Coast Highway VicinityMap • �11��t♦♦�♦♦ `��\�„,\ � �,Ij�I�♦ice I/IIIII� � /ii _ :�� ♦ � �\ ♦ • 00 QAC ��O p�� `p ` �� ' -,,��♦,��\��\��\��♦� t�� Vii,♦4'14��ID��, �taEWPORT O cqC/FORN�P fir. i Aerial Photograph �v.,fi� s .. �� f} 2451 t; �� 29� •,t �O �_• ' z o Subject 4Vr' 1 29wJ s - Property 29 O g 10 2951 v - 07/13/2012 Community Development Department - Planning Division 3 �dEW�R> A a a cqC/FORN�P Background / Existing Use ■ 1949- Originally constructed goo+ seats Live and cinematic performances ■ 1998 -Theater closed July, 2012 - Remodeled and reopened 07/13/2012 Community Development Department - Planning Division 4 Existing Use 5 lower level seating plans (so8 -300 seats), 1 standing room lower level floor plan (500 persons) 46 fixed seats at mezzanine level 350 occupants max . 12 screenings with up to 500 persons with a Special Event Permit LandmarkTheater under Section 20 . 38 . 070 ( Landmark Structures) 07/13/2012 Community Development Department- Planning Division 5 ib Project DetailsmCinema ABC License Type 47 (On-Sale General) Alcoholic Beverage Control License Hours Alcohol service : 8:oo a.m . to Z:oo a.m. (proposed) 8:oo a.m . to ZZ:oo p.m. (existing) Typical Theater Hours: 8:oo a . m . to 2 :oo a . m . Proposed Alcohol Service Areas rm Throughout the theater for cinematic screenings (no age restrictions) 07/13/2012 Community Development Department - Planning Division 6 �dEW�R> A a a a.C'dt/FORNP Project DetailsmPublic Event , ABC License ■ Type 47 (On-Sale General) Alcoholic Beverage Control License Hours ■ 8:oo a . m . to Zs:oo p. m . (no change) Alcohol Service Areas ■ Limited to the second floor mezzanine or 21+ screenings (no change) 07/13/2012 Community Development Department - Planning Division 7 Project DetailsmPrivate Event5o ABC License ■ Caterer's ABC license Hours ■ Alcohol service for private events are not regulated under this use permit (no change) Alcohol Service Areas ■ Alcohol service for private events are not regulated under this use permit 07/13/2012 Community Development Department - Planning Division 8 �2EW�R> O cqC/FORN�P I II II I C • �< c 07/13/2012 Community Development Department - Planning Division 9 �taEWPORT O A a a C'9[IFORN�P Site Plan IrPin Jred•y.Ip fieNc!Inru P� f x x 3�]LP1q •I L.tl.crtw.n •••� o nsreuM f+.es. Trty, iy.e a(f5 n f n.N T1 n«nL�n p.:ynw vy,l fcnry where rig � YCBdM[Y E�.OTrCL p \ q` SL r+ a - lQ _ 'Y DEEITIEt r� I HeliotropeAvenuer 07/13/2012 Community Development Department - Planning Division 10 Seating • , P �eiE`x'POR> • U a cgCyFORN�P Lower Floor Plan r ra az +tl u Y]L � r � � 1 ilt�in R» A , ri iYd.fJpPv - - � � �-{ ■f ]Y�N/e' PPP 9mu) bit L ^u 1.1 I A`� i1A€ bl �jii ] C IMA, } w _ ]i � tl€l}IPislfcrm � ��rvyl I s�o i�na4s1}....i � _ ""�> �� .� �n .;- i_•_ at e] � .. 1r �' wy 3 Ad.IW is 04 LOW Nrw iYYMd eeE Y Len 07/13/2012 Community Development Department - Planning Division zz Lobby Ticket/Concession Area R I 1 1 .- _ ! . �syA' t InteriorTheater Seating :.� ✓-. -.`�. '�-� Irl _.. -�..... � tw..' s � .� — mom P% -001%. � r' ii Single Screen Theater _ I ea,,.ea. Baa � I.Isjr s Mezzanine Level Floor Plan ii 1J0sr/100 = (NI Slur •1 wtcncn (200 gross) ' occupant, IGS (N) Food Prep. ala' a 666s1/200 J o[copants OR t at �1I. — N!a bacM1/Cywo pu Irtcn.. i (J00 9rou) (200 q•a,a) ✓n fN!_Prulastton ;ancaaalo� aa' ,�. zzo7al/Jou - ,.F CVzW IELYWAvMu I ccuoonl owt (1,11I Attic JO s,..G 5.1, ACceU TI Baf Ib Seat. tN) Stair r5 4 ��e4 ( ) TON. + sccefao2ry 'toroge OINI Dra ) (N) Elevator z"6 8 'z; IM SIeP •t 3 n V I y Io 2m i I ie.cr/Joo a =-w�1 (M Vaal�lda if[) Mr ►� Second Level rCupeat Loa6: blah . 16a61 sesta • )o r,W seals - 53 total occupants) (1.I.J.I.I.btatq 07/13/2012 Community Development Department - Planning Division 15 Mezzanine Concession/ Bar Area dw M I Police Department Reporting Districts re Vll* ills South BUT `�•O�i�GG? �i��'�� j��j�� ♦ � I I s • . . . . - • Highlands �� . i • ff 07/13/2012 Community Development Department - Planning Division 17 �dEW�R> A a a cqC/FORN`P 1 Surrounding Land Uses The Place ` Y t� Port Theater ' rF Port Restaurant 0 Pirozzi s `•� '�`�' Mayur � • • �is TU9. 07/13/2012 Community Development Department - Planning Division 18 �dEW�R> A a a a.C'dt/FORNP Recommendation / Next Stepb • Conduct a public hearing Adopt Resolution No . approving Minor Use Permit No . UP2014-o3o Attachment No . PC 1) . If final action is taken, appeal period expires August 25, 2014 • Use allowed following : End of the appeal period Issuance of an amended Operator License Approval of Type 47 license by the Department of Alcoholic Beverage Control (ABC) o8/11/2014 Community Development Department - Planning Division ig a ti 4 M For more information contact: - Makana Nova,Assistant Planner 949-644-3249 — www.newportbeachca.gov